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05/06/2021Thursday, May 6, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda May 6, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (May 5) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Teacher Appreciation Week Proclamation 5. Approval of Minutes 5.1 Approve the minutes of the April 15, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 5/6/2021 May 6, 2021City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Authorize the piggyback of State of Florida Term Contract No. 84121500-15-01, Purchasing Card Services, with Bank of America, for the term April 6, 2021 through January 4, 2026, including administrative extensions, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 7.2 Authorize a purchase order to O’Neils LLC dba O’Neils Tree Service (O’Neils) of Ozona, FL in an annual not to exceed amount of $350,000.00 for term May 10, 2021 through May 9, 2022 with four one-year renewal options pursuant to Invitation to Bid 20-21, Tree and Stump Removal Services and authorize the appropriate officials to execute same. (consent) 7.3 Approve agreements with Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba PRIDE Enterprises, of Brandon, FL, in the amount of $112,950 for the refurbishment of two command vehicles, in accordance with Clearwater Code of Ordinances Section 2.564(2) and authorize the appropriate officials to execute same. (consent) 7.4 Approve an agreement between Divecom Services, LLC, located at 1323 20th Avenue East, Palmetto, FL 34221, and the City of Clearwater to provide vessel removal, towing, storage, and/or disposal services to accommodate all needs of the Clearwater Police Department and the Marine and Aviation Department and authorize the appropriate officials to execute same. (consent) 7.5 Authorize the Clearwater Police Department (CPD) to accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Department’s Naloxone (Narcan) supply in the valued amount of $11,800 and authorize the appropriate officials to execute same. (consent) 7.6 Approve the final plat for Elevate SafePoint, whose physical address is 1551/1555/1559 Union Street, located on the south side of Union Street approximately 900 feet east of Highland Avenue. (consent) Page 3 City of Clearwater Printed on 5/6/2021 May 6, 2021City Council Meeting Agenda 7.7 Approve the final plat for Leeks Thomas Estates, whose physical address is 511-517 Virginia Lane, located on the east side of Virginia Lane approximately 300 feet south of Gulf to Bay Boulevard. (consent) 7.8 Approve the final plat for Aventon Clearwater, whose physical address is 24323 / 24479 US Highway 19 North, located on the east side of US Highway 19 North approximately 800 feet north of Sunset Point Road. (consent) 7.9 Approve an Engineer of Record (EOR) Work Order to Metzger and Willard, Inc., of Tampa, Florida, in the amount of $256,542.00 for Local Limits and WRF Permit Renewals (21-0007-UT) and authorize the appropriate officials to execute same. (consent) 7.10 Award a construction contract to Kat Construction and Materials, Inc., of Port Richey, Florida, per Invitation to Bid (ITB) 18-0058-UT for Rehabilitation of Lift Stations 54 and 65, in the amount of $1,081,520.00; approve Engineer of Record (EOR) Supplemental One Work Order to Metzger and Willard, Inc. in the amount of $78,139.19, increasing the work order from $262,020.00 to $340,159.19, and authorize the appropriate officials to execute same. (consent) 7.11 Approve Amendment One to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N915) for Lower Spring Branch Conveyance Improvements (14-0048-EN), extending the expiration date through June 30, 2024, and authorize the appropriate officials to execute same. (consent) 7.12 Appoint Lori Y. Carter to the Brownfields Advisory Board as a business owner or representative with a term to expire May 31, 2025. (consent) 7.13 Appoint Ray McNeil and Roger Schulman to the Airpark Advisory Board with terms to expire April 30, 2025. (consent) 7.14 Appoint Jonathan Barnes and Eric Seiler with terms to expire April 30, 2025 and Gregory Byrd to fill the remainder of an unexpired term through March 31, 2022 to the Public Art and Design Board. (consent) 7.15 Request for authority to institute a civil action on behalf of the City against Reliant Underground, LLC to recover $2,249.63 for damages to city property. (consent) 7.16 Request for authority to institute a civil action on behalf of the City against Steve’s Excavating and Paving, Inc. to recover $5,205.89 for damages to city property. (consent) Public Hearings - Not before 6:00 PM Page 4 City of Clearwater Printed on 5/6/2021 May 6, 2021City Council Meeting Agenda 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the request from the owner of property addressed as 2055 Buford Avenue, Clearwater to vacate a platted 10-foot Utility Easement, described as the north 10 feet of lot 18, Cedar Heights, according to the plat thereof as recorded in Plat Book 81, Page 85, of the Public Records of Pinellas County, Florida, and pass Ordinance 9461-21 on first reading. 8.2 Approve the request from the owner of property addressed as 1002 Eldorado Avenue, Clearwater to vacate a platted 5-foot Utility Easement, described as the west 5 feet of lot 7, Block 69, Mandalay, recorded in Plat Book 14, Pages 32 to 35, of the Public Records of Pinellas County, Florida, and pass Ordinance 9462-21 on first reading. 8.3 Continue to June 3, 2021: Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9440-21 on second reading, annexing certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, together with the right-of-way of Parkwood Street abutting Lots 4 and 5, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.2 Adopt Ordinance 9441-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 9.3 Adopt Ordinance 9442-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 5 City of Clearwater Printed on 5/6/2021 May 6, 2021City Council Meeting Agenda 9.4 Adopt Ordinance 9443-21 on second reading, annexing certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.5 Adopt Ordinance 9444-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.6 Adopt Ordinance 9445-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.7 Adopt Ordinance 9460-21 on second reading, amending the Clearwater Code of Ordinances by replacing Division 3 of Article VI, Chapter 2, Purchasing, in its entirety with a revised Division 3 of Article VI, Chapter 2, Purchasing. 10. City Manager Reports 10.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-21. 11. City Attorney Reports 12. Other Council Action 12.1 Chickens - Mayor Hibbard 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9132 Agenda Date: 5/6/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Teacher Appreciation Week Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8631 Agenda Date: 5/6/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the April 15, 2021 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 City Council Meeting Minutes April 15, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, April 15, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes April 15, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation - Rev. Jamie Samilio from Good Samaritan Episcopal Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 April Service Awards One service award was presented to a city employee. The March 2021 Employee of the Month Awards was presented to David Scrivener from Parks and Recreation. The March/April 2021 Bimonthly Team Award was presented to PD Lifesaving Team: Matthew Parker and Sgt. Sean Allaster. 4.2 Clearwater Fire and Rescue Public Protection Classification Rating from ISO - Fire Chief Scott Ehlers Fire Chief Ehlers provided a PowerPoint presentation. 4.3 Clearwater Housing Authority Annual Presentation - Jacqueline Rivera, CEO CHA Draft City Council Meeting Minutes April 15, 2021 Page 3 City of Clearwater CHA Vice Chair Caitlein Jammo provided a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the minutes of the March 18, 2021 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the March 18, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda John Doran reminded all that the roundabout is still working. Glenna Wentworth said April 22nd is Earth Day 2021 and the District's Sip and Stroll next week will benefit the Suncoast Chapter of the Sierra Club. She said The Ring Workspaces will match up to $1,500 raised during the Sip and Stroll. She invited all to participate in the Sip and Stroll and challenged the City to participate in 100% Pinellas, a 100% clean energy campaign. Matthew Crawford said he is a resident of the Tropic Hills Subdivision and expressed concerns regarding the lighting at Morningside Tennis Courts. He presented photographs depicting the light pollution and height of the light poles. 7. Consent Agenda – Approved as submitted, less Items 7.4 and 7.8. 7.1 Authorize issuance of an RFP (Request for Proposal) to seek consultant services for naming rights and sponsorships for Imagine Clearwater. (consent) 7.2 Approve a purchase order to WM Recycle America, LLC (WM/RA) in the not to exceed amount of $200,000.00 for the processing of the City’s single stream recycling commodity at the contractor’s facility in Tampa, FL beginning December 16, 2020 through December 15, 2021,as provided in the city’s Code of Ordinances, Section 2.564(1)(e) Exceptions to Bid (impractical to bid), and authorize the appropriate officials to execute same. (consent) 7.3 Authorize the award of Invitation to Bid No. 03-21, Vehicle / Equipment Repair and Maintenance Services, to Dynamic Diesel Works of Clearwater, FL and Tampa Springs Draft City Council Meeting Minutes April 15, 2021 Page 4 City of Clearwater Company of Tampa, FL, in the cumulative annual not-to-exceed amount of $250,000 for the initial term of April 15, 2021 through April 14, 2022, with two one-year renewal options, and authorize the appropriate officials to execute same. (consent) 7.4 Approve Construction Manager at Risk (CMAR) proposal from Ajax Building Company, LLC., of Oldsmar, FL, per RFQ 32-20, at the Guaranteed Maximum Price (GMP) of $11,245,816 for the construction of the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) and authorize the appropriate officials to execute same. (consent) See Below 7.5 Award a construction contract to Poole and Kent Company of Florida, of Tampa, FL, in the amount of $18,437,514.70 for the Northeast WRF Improvements per Invitation to Bid (ITB) 19-0029-UT and authorize the appropriate officials to execute same. (consent) 7.6 Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc., of Tampa, FL, for sitework for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $12,943,812 and authorize the appropriate officials to execute same. (consent) 7.7 Authorize an annual increase to contract no. 900902 to Hach Company of Chicago, IL, for the purchase of laboratory equipment, supplies, and materials in the amount of $150,000.00 for a new annual not to exceed total of $300,000 for the remainder of this contract and approve an extension to this contract for an additional one-year term per Clearwater Code of Ordinances 2.564 (1)(d) - Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.8 Authorize the award of Invitation to Bid 18-21, Membrane Cleaning Chemicals and Related Services, to Amaya Solutions, Inc. dba: American Water Chemicals of Plant City, Florida for an annual not-to-exceed amount of $80,000.00 with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) See Below 7.9 Authorize a purchase order with Fisher Scientific Company LLC of Pittsburgh, PA, for the purchase of Laboratory Equipment and Supplies, in the amount not to exceed $150,000.00 through March 31, 2022 , in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.10 Appoint Martin Armstrong to the Parks and Recreation Board with a term to expire January 31, 2025. (consent) 7.11 Appoint George D. Davis to the Airpark Advisory Board with a term to expire April 30, 2025. (consent) Draft City Council Meeting Minutes April 15, 2021 Page 5 City of Clearwater 7.12 Reappoint T. Wade Carlisle, Maranda Douglas, Michael Grohman, and Kevin R. Laughlin to the Marine Advisory Board with terms to expire March 31, 2025. (consent) 7.13 Appoint Brianne Roberts to the Public Art and Design Board as the Clearwater Arts Alliance, Inc. designee to fill the remainder of an unexpired term through March 31, 2022. (consent) 7.14 Elect Councilmember Hamilton as Vice Mayor. (consent) 7.15 Request for authority to settle the case of Denetra Maxwell v. City of Clearwater, Case No. 19-005622-CI for $103,116.71. (consent) Vice Mayor Allbritton moved to approve the Consent Agenda as submitted, less Items 7.4 and 7.8, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.4 Approve Construction Manager at Risk (CMAR) proposal from Ajax Building Company, LLC., of Oldsmar, FL, per RFQ 32-20, at the Guaranteed Maximum Price (GMP) of $11,245,816 for the construction of the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) and authorize the appropriate officials to execute same. (consent) See Below The Police Department’s current District Three Sub-Station, located at 2851 McMullen-Booth Road, Clearwater, was built in 1983. The operational features and functional systems are obsolete by current police standards. The main building was designed prior to the implementation of the Accessibility Code and access to amenities is not in compliance with current requirements. Due to the structure’s age and obsolete functional systems, the station merits replacement. One of the main goals of replacing this facility was to provide the Police Department with a hurricane rated facility to allow for sheltering of employees during a significant storm event, as well as to allow for the continuity of operations in the immediate aftermath of a significant storm event. The proposed building was designed for resiliency and the sustainable design guidelines of a Leadership in Energy and Environmental Design (LEED) Silver building but will not be certified. On July 16, 2020, City Council approved RFQ 32-20 selecting Ajax Building Company as CMAR to provide preconstruction services for the Clearwater Police Department District Three Operations and Training Center (18-0004-PD). A purchase order was approved by the City Manager in the amount of $69,900.00 for the pre-construction phase including design review and construction cost estimating. Draft City Council Meeting Minutes April 15, 2021 Page 6 City of Clearwater Construction documents are now complete and Ajax Building Company has provided a Guaranteed Maximum Price (GMP) Proposal to construct the new facility, located on the current District Three Sub-station site. The proposal includes demolition of the existing Substation, construction of the new Substation, as well as all associated sitework and utilities. Construction for this work is scheduled to begin in May 2021 and is scheduled to be completed in August 2022. Currently, Police Department District Three Patrol Operations have been relocated to the vacant Countryside Branch Library. APPROPRIATION CODE AND AMOUNT: PD00180001-CONS-CNSTRC $11,245,816 A mid-year amendment will transfer $550,000 of General Fund revenue from capital project C2004, Lift Stations - General Government, to project PD00180001, Police District 3 Station, to provide additional project funding needed. One individual spoke in opposition and suggested using a ballast mounted solar panel or solar shingles on the facility's roof in an effort to reach carbon neutrality. In response to questions, Harvard Jolley consultant Ward Friszolowski said solar shingles were not proposed for the facility since it does not have a high slope roof. The consulting team is still looking at potential alternatives for solar panel applications. He said the biggest challenge with this facility is that it is rated for 200 mph wind speeds; the consulting team must obtain information from the manufacturer documenting that their product can withstand those wind speeds. He said architects do not make the decisions on projects but offer their clients all of the possibilities; EV charging stations are more applicable in some locations than others. EV charging stations were discussed but due to funding pressures, it was decided those funds be directed for items PD needed for their operations. He said EV charging stations are typically included in public facilities where citizens are expected to enter. Police Chief Daniel Slaughter said the facility's original estimated cost during the master plan design process was $16 million; the project cost was reduced by $4 million. The initial design envisioned a 2-story facility that would meet the agency's needs moving forward. He said, due to budget constraints, the design was amended to a 1-story facility and eliminated the proposed carport and holding cells. The solar panel estimates provided to staff had an estimated cost of $1.3 million with an approximate 25-year return on investment. Chief Slaughter said there is a time constraint associated with the agenda item as the itemized pricing included in the GMP is Draft City Council Meeting Minutes April 15, 2021 Page 7 City of Clearwater contingent on time. Councilmember Beckman moved to approve Construction Manager at Risk (CMAR) proposal from Ajax Building Company, LLC., of Oldsmar, FL, per RFQ 32-20, at the Guaranteed Maximum Price (GMP) of $11,245,816 for the construction of the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.8 Authorize the award of Invitation to Bid 18-21, Membrane Cleaning Chemicals and Related Services, to Amaya Solutions, Inc. dba: American Water Chemicals of Plant City, Florida for an annual not-to-exceed amount of $80,000.00 with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) See Below Invitation to Bid (ITB) #18-21 Membrane Cleaning Chemicals and Related Services was issued on February 9, 2021. Amaya Solutions, Inc. dba American Water Chemicals represents the lowest responsive, responsible bidder in accordance with the bid specifications for Membrane Cleaning Chemicals and Related Services. Public Utilities Department operates two reverse osmosis (RO) water treatment  plants. RO membranes must be cleaned periodically to maintain performance. The cleaning frequency is determined by the quality of the water source and pre-treatment system efficiency. Historical cleaning frequency ranges between 2 - 20 cleanings per year depending on these factors. The initial contract period will be April 16, 2021 through April 15, 2022, with the option for two, one-year renewal terms. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in Public Utilities’ cost centers, cost code 551700 Bulk Chemicals. Funding for future fiscal years (FY22 through FY24) will be requested within contract calendar and spending limits. One individual spoke in opposition, expressing concerns with the biocides used in treating the water. In response to a question, Public Utilities Director David Porter said the item before council is to purchase chemicals used to clean the membranes. The cleaning compounds will not be placed in the drinking water stream. He said the water used to clean the membranes is collected and directed to the sewer system. Draft City Council Meeting Minutes April 15, 2021 Page 8 City of Clearwater Councilmember Bunker moved to authorize the award of Invitation to Bid 18-21, Membrane Cleaning Chemicals and Related Services, to Amaya Solutions, Inc. dba: American Water Chemicals of Plant City, Florida for an annual not-to-exceed amount of $80,000.00 with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the Local Housing Assistance Plan (LHAP) for FY2021-2022 through 2023-2024 and adopt Resolution 21-04. Florida Statute 420.9079 requires counties and cities receiving State Housing Initiatives Partnership (SHIP) Program funds to develop a 3-year Local Housing Assistance Plan (LHAP) outlining strategies for how the funds will be utilized. The City receives its allocation from the State of Florida through Florida Housing Finance Corporation (FHFC). For fiscal year 2020-2021, the City received $0 in SHIP funds; however, the City expects to receive $363,803 in program income. The City expends SHIP funds per the strategies outlined in the LHAP. The City’s current LHAP covers state fiscal years 2018-2019 through 2020-2021. The state fiscal year begins on July 1 and ends on June 30 annually. This new LHAP will cover state fiscal years 2021-2022 through 2023-2024 (FY2021-2023). The strategies outlined in the new LHAP are a continuation of the City’s current LHAP with some notable changes. All changes made within the FY2021-2023 LHAP will be retroactive to the current LHAP to enable the use of prior year funds, if available. The LHAP is comprised of Housing Strategies and Incentive Strategies. The Housing Strategies include the following: • Acquisition of Existing Homes with Rehabilitation: This program provides funds to developers and community-based non-profit organizations to acquire, rehabilitate and resell single-family housing units. The community land trust principles may be utilized. This strategy also includes down payment assistance (DPA) for eligible homebuyers and is continued from the current LHAP with the following change: The current LHAP limits the maximum DPA assistance to $20,000. A recent surge in home prices has resulted in a need to increase this subsidy. Draft City Council Meeting Minutes April 15, 2021 Page 9 City of Clearwater Currently, the $20,000 subsidy is oftentimes unable to fund the gap between a first mortgage and the price of a decent home for a low to moderate-income household. The proposed LHAP increases the maximum subsidy to $45,000. The DPA Loan will be deferred for five years and the borrower will be required to pay back 50% of the loan over the following 20 years at zero percent interest. • Down Payment & Closing Costs Assistance with or without Rehabilitation: The City will use SHIP funds to provide down payment and closing costs assistance to eligible homebuyers purchasing existing homes. DPA loan terms described above apply to this strategy. • Owner-Occupied Rehabilitation: The City will provide funds for the rehabilitation of owner-occupied single-family residences. The maximum loan will increase from $40,000 in the current LHAP to $45,000 in the proposed LHAP. • Multi-Family Housing: The City will provide SHIP funds to developers and community based non-profit organizations to support the acquisition, rehabilitation, and new construction of rental housing. The maximum subsidy under this strategy is $150,000 per unit for new construction and $45,000 per unit for rehabilitation. • New Construction Program: This program provides funds to eligible developers and community-based non-profit organizations for the development of new single-family housing units. The maximum construction loan to a developer under this program is $200,000 and for the homebuyer, DPA loan terms described above apply. • Disaster Mitigation: In the case of natural or man-made disasters, this strategy will utilize SHIP funding for emergency or interim repairs. The Affordable Housing Advisory Committee (AHAC) convened in the fall of 2020 to review policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan. The AHAC’s objective was to recommend specific actions or initiatives to encourage or facilitate affordable housing. The current LHAP identifies seven Incentive Strategies per the recommendation of the 2017 AHAC. The 2020 AHAC recommended that those seven incentives remain in place with minor changes and clarifications to some. The AHAC is now required to meet every year. Information regarding other Incentive Strategies may be found in the Incentive Strategies section of the LHAP. On March 9, the City’s Neighborhood and Affordable Housing Advisory Board unanimously passed a motion recommending City Council approval of this item. Per Florida Statute, the City Council adoption of Resolution No. 21-04 will constitute approval of the LHAP for state fiscal years 2019-2021. The LHAP is due to the State by May 2, 2021. Vice Mayor Hamilton moved to approve the Local Housing Draft City Council Meeting Minutes April 15, 2021 Page 10 City of Clearwater Assistance Plan (LHAP) for FY2021-2022 through 2023-2024. The motion was duly seconded and carried unanimously. The motion was duly seconded and carried unanimously. Resolution 21-04 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 21-04. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1313 Parkwood Street, together with certain Parkwood Street right-of-way, and pass Ordinances 9440-21, 9441-21 and 9442-21 on first reading. (ANX2021-01001) This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the south side of Parkwood Street, approximately 340 feet east of North Betty Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the remaining 0.184-acres of Parkwood Street right-of-way between Rollen Road and North Betty Lane not currently within the city limits also be annexed. The property is located within an enclave and is contiguous to existing city boundaries to the north, west and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Parkwood Street right-of-way. The applicant has paid the City's sewer impact and assessment fees in full and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public Draft City Council Meeting Minutes April 15, 2021 Page 11 City of Clearwater facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5.0 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north, west and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Beckman moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1313 Parkwood Street, together with certain Parkwood Street right-of-way. The motion was duly seconded and carried unanimously. Ordinance 9440-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9440-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes April 15, 2021 Page 12 City of Clearwater Ordinance 9441-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9441-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9442-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9442-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2077 Poinsetta Avenue, and pass Ordinances 9443-21, 9444-21 and 9445-21 on first reading. (ANX2021-02002) This voluntary annexation petition involves a 0.128-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the east side of Poinsetta Avenue approximately 150 feet south of Union Street. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Poinsetta Avenue right-of-way. The applicant has paid the City’s sewer impact and assessment fees in full and has been connected to the City’s sewer system. Collection of solid waste will be provided to the property by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; Draft City Council Meeting Minutes April 15, 2021 Page 13 City of Clearwater and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Beckman moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2077 Poinsetta Avenue. The motion was duly seconded and carried unanimously. Ordinance 9443-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9443-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes April 15, 2021 Page 14 City of Clearwater Ordinance 9444-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9444-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9445-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9445-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9439-21 on second reading, vacating a platted 5-foot Utility Easement, described as the West 5 feet of Lot 5, Block 70, Mandalay, recorded in Plat Book 14, Pages 32 to 35 of the Public Records of Pinellas County, Florida. Ordinance 9439-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9439-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Adopt Ordinance 9446-21 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2021 to reflect increases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Gas Fund, Parking Fund, and Administrative Services Fund. Ordinance 9446-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9446-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes April 15, 2021 Page 15 City of Clearwater 9.3 Adopt Ordinance 9447-21 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2021, to reflect a net increase of $30,820,452. Ordinance 9447-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9447-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports 10.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-14. Councilmember Allbritton moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 21-14 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-14. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10.2 Accept three 10-foot utility easements from WSSA Palm Harbor VA, LLC for the construction, installation and maintenance of city utility facilities on real property located at 26286 US-Highway 19 North and adopt Resolution 21-15. The Utility Easements will allow the city rights for construction, installation and maintenance of utility facilities on the commercial site. The City Engineering Department recommends acceptance of the easements. Councilmember Bunker moved to accept three 10-foot utility easements from WSSA Palm Harbor VA, LLC for the construction, installation and maintenance of city utility facilities on real property located at 26286 US-Highway 19 North. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes April 15, 2021 Page 16 City of Clearwater Resolution 21-15 was presented and read by title only. Vice Mayor Hamilton moved to adopt Resolution 21-15. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10.3 Accept a utility easement from Ft. Harrison Prop Co LLC for the construction, installation, and maintenance of city utility facilities on real property located at 500 McLennan Street and adopt Resolution 21-03. The Utility Easement will allow the city rights for construction, installation, and maintenance of utility facilities as the commercial site is developed for a new office building. The City Engineering Department recommends acceptance of the easement. Councilmember Allbritton moved to accept a utility easement from Ft. Harrison Prop Co LLC for the construction, installation, and maintenance of city utility facilities on real property located at 500 McLennan Street. The motion was duly seconded and carried unanimously. Resolution 21-03 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-03. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10.4 Amend the Clearwater Code of Ordinances by replacing Division 3 of Article VI, Chapter 2, in its entirety with a revised Division 3 of Article VI, Chapter 2; and by replacing Division 4 of Article VI, Chapter 2, in its entirety with a revised Division 4 of Article VI, Chapter 2, and pass Ordinance 9460-21 on first reading. Division 3 of Article VI, Chapter 2 governs the purchasing procedures for the acquisition of commodities, services, and construction, and the expenditure of those funds. Division 4 of Article VI, Chapter 2 governs the disposal and disposition of surplus personal property. These Divisions have not been updated, revised, or amended since 2006. This amendment replaces and revises both Divisions, and is needed to simply, clarify, modernize, and better organize the City’s procurement and surplus code. These changes are as follows: Sec. 2.541 - Revise purpose and application of Division 3. Draft City Council Meeting Minutes April 15, 2021 Page 17 City of Clearwater Sec. 2.542 - Updates to definitions. Sec. 2.543 - Adds public access to procurement information. Sec. 2.544-2.547 - Reserved. Sec. 2.551 - Clarifies purchasing agent authority. Sec. 2.552 - Revise centralization of procurement authority. Sec. 2.553 - Update submittal of requests. Sec. 2.554 - Clarifies authority for purchases of commodities, services, and construction. Adds signature authority and clarifies approval authority. Requires appropriations clause for multiyear contracts. Adds procurement manager authority. Limits department director approval authority to $2,500 per purchase. Updates change orders. Sec. 2.561 - New section includes methods of source selection. Updates competitive sealed bids. Adds competitive sealed proposals and request for qualifications. Establishes thresholds for small purchases and micro purchases. Adds CCNA for professional services, including roster of firms. Revise construction management at risk and design build. Adds invitation to negotiate, job order contracting, and reverse auctions. Sec. 2.562 - Revise disqualification, rejection, and bid protest. Changes bid protest fee from 5% / $2500 to 1% / $5000. Sec. 2.563 - Clarifies exceptions, including single source and emergency. Adds regulated utilities, copyrighted materials, and services purchased for resale. Sec. 2.564 - Adds specifications preparations. Sec. 2.565 - Adds authority to debar or suspend. Sec. 2.566 - Adds no contact period. Sec. 2.571 - Adds standard of conduct in procurement. Sec. 2.601-2.608 - Reserved. Sec. 2.621 - Adds definition of tangible personal property. Sec. 2.622 - Revises surplus sales officer. Sec. 2.623 - Adds procedures to disposal of surplus tangible personal property. Combines methods and exceptions of disposal into one section. Draft City Council Meeting Minutes April 15, 2021 Page 18 City of Clearwater Sec. 2.624 - Reserved. In response to questions, Lead Assistant City Attorney Owen Kohler said a consultant would look at the geographic market. The City of St. Petersburg's agreement for a disparity study was approved in 2018; the study has not been completed yet. The City Attorney said staff will not know how much it will cost to have a consultant until an RFP response is received. Councilmember Bunker moved to amend the Clearwater Code of Ordinances by replacing Division 3 of Article VI, Chapter 2, in its entirety with a revised Division 3 of Article VI, Chapter 2; and by replacing Division 4 of Article VI, Chapter 2, in its entirety with a revised Division 4 of Article VI, Chapter 2. The motion was duly seconded and carried unanimously. Ordinance 9460-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9460-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10.5 Appoint Councilmembers as representatives to serve on regional and miscellaneous boards. Vice Mayor Hamilton said he serves on the Tampa Bay Regional Planning Council and enjoys serving on the board. The TBRPC meets on the second Monday of the month at 10:00 a.m., creating a meeting conflict when work sessions are held on the same day and time. He said he will not be able to attend next month's meeting because he will be on vacation and requested consideration for a councilmember to serve as an alternate member. There was council consensus to appoint Councilmember Bunker as the Alternate Member and to move the Council Work Session to 1:00 p.m. when there is a conflict. The City Clerk said the Clearwater Arts Alliance has requested that a councilmember serve on their board as an ex-officio member. The Draft City Council Meeting Minutes April 15, 2021 Page 19 City of Clearwater Clearwater Arts Alliance meets on the last Tuesday of each month at 4:00 p.m. She said they have been meeting virtually due to COVID. Former Councilmember Bob Cundiff served as the ex-officio member. Discussion ensued with consensus to appoint Councilmember Beckman to the Clearwater Arts Alliance. Vice Mayor Hamilton moved to approve Item 10.5 as amended. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Other Council Action 12.1 DDB Resolution CRA Executive Director Amanda Thompson said the CRA has an interlocal agreement with the Downtown Development Board to provide staff and return the CRA's TIF portion to the DDB for marketing, small business grants, and special events. She said two CRA Trustees serve as ex-officio members on the DDB. The DDB recently adopted a resolution requesting the Clearwater City Council to reduce the ex-officio members to one. Discussion ensued with comments made that ex-officio members are not board members but representatives of the City who respond to questions. There was council consensus to not accept the resolution and take no action. 12.2 PSTA/Forward Pinellas Update - Vice Mayor Allbritton Councilmember Allbritton said the US Department of Transportation published a notice of funding availability for the Build Raise Grant; PSTA has received over 600 letters of support for their grant application. PSTA should know by late Summer if the grant is awarded. PSTA approved a work order to further define the integrated ferry system phase 1 concept design. He said he has requested PSTA Chief Development Officer Cassandra Borchers to provide a presentation of the ferry system at a future council meeting. He provided copies of the 2021 Pinellas Multimodal Transportation Project Priorities List. Councilmember Allbritton said Forward Pinellas was named the 2020 Planning Organization of the Year by the Draft City Council Meeting Minutes April 15, 2021 Page 20 City of Clearwater Florida Department of Transportation. 13. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Hamilton said there has been a reduction in traffic since Easter, however, speeding remains an issue with too many pedestrian and other accidents. He said to take your time and enjoy your drive. Councilmember Allbritton gave a shout-out to the Cleveland Street District, he said it is fantastic and there is always something going on and there are great restaurants downtown. He encouraged all to come downtown; everyone he talks to that has never been here says they didn’t know about it and the area is a lot of fun with great food. Councilmember Beckman said she is hosting a meet and greet on Saturday at Crest Lake Park from 10:00-11:00 a.m. She said she will be with the Sierra Club on Saturday evening for the sip and stroll. She said it is always a good time to come downtown and check out the restaurants and atmosphere. Councilmember Bunker said he was in The District last Wednesday night after the Downtown Development Board meeting and was stunned by how many people were there. He said it looked like a weekend and was fun to see all the people. He said he was thrilled to have received his first shot and was amazed at how efficient it was and how quickly the people moved. He said the news headlines made him reach out to Police Chief Slaughter and let him know how lucky we are to have him and the men and women of the Clearwater Police Department. They are doing a great job. 14. Closing Comments by Mayor The Mayor congratulated Eisenhower Elementary on their 50th anniversary. He said he and Councilmember Beckman attended a ceremony yesterday and said teachers and principals who have been gone for over 30 years came and participated in the celebration. He said there are events and activities scheduled each day next week at Moccasin Lake Nature Park and other City parks in recognition of Earth Day. He said he appreciates all the people who volunteer for clean-ups around the City but he would appreciate it even more if the clean-ups weren’t needed; if you see trash, pick it up. Draft City Council Meeting Minutes April 15, 2021 Page 21 City of Clearwater 15. Adjourn The meeting adjourned at 8:12 p.m. Mayor City of Clearwater Attest City Clerk Draft N ' tkits5743k9 '' Stel/ 91S P 1- I\-)/ THE CASE AGAINST Fluoride How Hazardous Waste Ended Up in Our Drinking Water and the Bad Science and Powerful Politics at Keep It There Mental Health First Aid Talma Pilato LOV IV Lawerence Community Foundation of Tampa Bay Pilatotalma@gmail.com 727 515 8388 Mental Health First Aid is a tool designed to help you gain better understanding of the signs of someone in distress, offer immediate support to minimize that stress and if necessary link the person to available professional or self help support resources. When you use the skills you learn in Mental Health First Aid you are the first line of support for a person in need. You are there to help them feel less stress and you can be a vital seek further assistance. You can help others to help themselves. You can also be an advocate empowering your community and improve self care as a first aider you can be the one to make a difference in the life of someone with a mental health or substance use challenge. Your First Aid actions can be the first step in someone's recovery journey. BE THE DIFFERENCE On average, 123 people die by suicide each day. American Foundation for Suicide Prevention From 1999 to 2016, 630,000 people died from drug overdose. Centers for Disease Control and Prevention Nearly 11N5 U.S. adults lives with a Mental Illness. National Institute of Mental Health via the National Survey on Drug Use and Health and the Substance Abuse and Mental Health Services Administration The course will teach you how to apply the ALGEE action plan: Assess for risk of suicide or harm. Listen nonjudgmentally. Give reassurance and information. Encourage appropriate professional help. Encourage self-help and other support strategies. Why Mental Health First Aid? Mental Health First Aid teaches you how to identify, understand and respond to signs of mental illness and substance use disorders. This training gives you the skills you need to reach out and provide initial support to someone who may be developing a mental health or substance use problem and help connect them to the appropriate care. Three Learning Options Virtual. First Aiders will complete a 2 -hour, self -paced online class, and then participate in a 5.5 -hour, Instructor -led videoconference. Blended Learning. After completing a 2 -hour, self -paced class, First Aiders will participate in a 4 -hour, in-person, Instructor -led class. In-person. First Aiders will receive their training as an 8 -hour, Instructor -led, in- person course. Who Should Take it Employers Police officers Hospital staff First responders Faith leaders Community members Caring individuals What it Covers Common signs and symptoms of mental illness Common signs and symptoms of substance use How to interact with a person in crisis How to connect the person with help NEW: Expanded content on trauma, addiction and self-care ffi This program is a top-notch service to area communities like ours and we are so grateful for the opportunity to have this program." - Nikki Carber, Speak Out Against Suicide TO FIND A COURSE OR CONTACT AN INSTRUCTOR IN YOUR AREA, VISIT MentalHealthFlrstAld.org OR EMAIL info@MentaiHealthFlrstAid.org. NATIONAL COUNCIL FOR BEHAVIORAL HEALTH In 2017,103 firefighters died by suicide; more than the 93 firefighters who died in the line of duty. USA Today A Survey of 7,000 North American firefighters revealed 27% have struggled with substance use challenges. NBC Washington The course will teach you how to apply the ALGEE action plan: Assess for risk of suicide or harm. Listen nonjudgmentally. Give reassurance and information. Encourage appropriate professional help. Encourage self-help and other support strategies. Why Mental Health First Aid? Mental Health First Aid for Fire/EMS teaches you how to identify, understand and respond to signs of mental illnesses and substance use disorders. This training gives you the skills you need to reach out and provide initial support to someone who may be developing a mental health or substance use problem and help connect them to the appropriate care. It focuses on the unique experiences and needs of firefighters and EMS personnel and is a valuable resource that can make a difference in their lives, their coworkers' and families' lives, and the communities they serve. What it Covers A discussion of first responder culture, stigma and their relevance to the topic of mental health. Outreach tactics to respond to individuals experiencing a mental health crisis. A discussion of the specific risk factors faced by many first responders and their families. A review of common mental health resources for first responders, their families and those who support them. Who Should Take it Firefighters EMS personnel Other first responders Family members of first responders Since comp et tra nng !'ve not ced that there 's more conversat 'on about mentaheath among members of our team, and that is helping reduce the stigma associated th behavorahea th 'issues. People at the Cl fton Fire Department are us,ng what they learned in the course n the "r persona : ves as we as their profess ona 'lues." Deputy Fire Chief Michael Allora, Ret C fton Fre Department TO FIND A COURSE OR CONTACT AN INSTRUCTOR IN YOUR AREA, VISIT www.MentalHealthFirstAld.org OR EMAIL Info@MentalHealthFirstAld.org. NATIONAL COUNCIL FOR BEHAVIORAL HEALTr in 5 teens has had a serious mental health disorder at some point in their life. 50% of all mental illnesses begin by age 14, and 75% by the mid-20s. Suicide is the second leading cause of death for 15— to 24 year-olds. N.ATI,NAL COUNCIL. EH,.VIOR H • Why teen Mental Health First Aid? teen Mental Health First Aid teaches high school students how to identify, understand and respond to signs of mental illnesses and substance use disorders among their friends and peers. The training gives students the skills to have supportive conversations with their friends and get a responsible and trusted adult to take over as necessary. It is designed to be delivered in schools or community sites in three interactive classroom sessions of 90 minutes each or six sessions of 45 minutes each. Schools and organizations offering the training are required to train at least 10 percent of adult staff in Youth Mental Health First Aid and to train the entire grade level. A critical step in the teen Mental Health First Aid action plan is connecting with a trusted adult. Youth Mental Health First Aid trains adults to be prepared to help young people facing a crisis. WHO SHOULD TAKE IT Highschool students in grades 10, 11 and 12 High schools, organizations partnering with a high school and youth -serving organizations are eligible to teach teen MHFA to students. WHAT IT COVERS Common signs and symptoms of mental. illness. Common signs and symptoms of substance use. Common signs and symptoms of a mental health crisis, particularly suicide. How to open the conversation about mental illnesses andaddiction with friends. The impact of school violence and bullying on mental health. How to seek the help of a responsible and trusted adult. The course will teach students how to apply the teen MHFA Action Plan to help a friend: Look for warning signs. • Help them connect with Ask how they are. an adult. Listen up. • Your friendship is important. TO LEARN MORE ABOUT TEEN MHFA, VISIT MHFA.orgfteens. Schools offering this training can save lives, families and communities. Regardless of how happy, smart or popular someone seems on the outside, everyone is fighting battles we have no idea about. tMHFA taught me that sometimes we need a reminder of what is important and the tools to make that a priority." — Katie Ramboyong, teen Mental Health First Aider SA MENTAL, HEALTH FIRST AID BORNTHIS WAY/ FOUNDATION INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: 62-5'1 C.5 PIjGIRL City: C/1 .Q.Ar buccilA Zip: 3Y24,/ Telephone Number: I iL- I5J1 3g L Email Address: Y a` --rck !ma G ma Ch n Speaking under citizens to be heard re items not on the agenda? I Agenda item(s) to which you wish to speak. What is your position on the item? For Against Nameekpi( u,- %}t_ Address: Ic(1)-?evf,V-- C U City: ( /, ec ov Telephone Number: Email Address: k " Zip: Coq l3a r Speaking under citizens to be heard re items not on the agenda? I Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: irk) M ti'c Address: 3 6 %/(',4) 0p,k Noe ki ri Alrel f= *eC Zip: 3 3 l —5TelephoneNumber: -- - 7 r J / 72 Email Address: /4/1 e I P,4 C'ii A)€ ? CO .'r Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. AF' What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: (, i g`. ' " 1 rl C (t Address: 0 CC` l NC -6 PHI L.( Q C i ty•C L tP g-- Zip: `7 -> S T Telephone Number: '\,-- 72L UU % (o sic Pe-Ae— . h oiCkl CoEmailAddress: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. RLc (2-'Cp 14tC..A—)A tS - " 5 PYMc- I-Zt S -r Col a L to c 01 IIS Dl21vi,L'%fk- il What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: ilit IA -7r/ ' / • PDIAddress:.,! %% l,'Tyf City:: Zip: ) Telephone Number: -Sr - /`C, /9)0; Email Address:` C2 T1 e( - rf)et Speaking under citizens to be heard re items not on the agenda? d1'7SAgendaitem(s) to which you wish to speak. What is your position on the item? For " Against INDIVIDUAL SPEAKER Citizen Comment Card Name: , AI$ D.( Address: 26 71" l 0 C?: CA City: C1 -EA titht )—Ek Zip: ( Telephone Number: / R 7" 7 to 7s Email Address: )6 /LL_ .-TD4i4aA. USS. /1/E7— Speaking 1/Er Speaking under citizens to be heard re items not on the agenda? 4,6 Agenda item(s) to which you wish to speak. CDPW # /Jt -- What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 3-G.r'iZ Address: KI D City: Gic«uJ,,1lJ Zip: % (S Telephone Number: 1010 - Y501— X30 6 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: N//4- What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: \m L1Ail G CI( fir• , r. ? Address: ? C t / T' 1 City CfVvC:`' Zip: J 1 Telephone Number: 7- 7- LvLi- (6 3 `-- Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. ' I What is your position on the item? For Against Name:-3-4rn,L.edw(*) Address: 6 1 6 L, ice City C(Cc r. -/ch Zip• 3376S- 701-0- 37 6 S Telephone Number: 7-0— `1t 2 —D3 o Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. IQ • 1 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9121 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize the piggyback of State of Florida Term Contract No. 84121500-15-01, Purchasing Card Services, with Bank of America, for the term April 6, 2021 through January 4, 2026, including administrative extensions, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: For many years the City participated in the Hillsborough County Procurement Card Program Consortium, which enabled participating members to utilize the Bank of America contract for purchasing cards (PCards). This program expired in 2019, so the City shifted its PCard program with Bank of America to the State of Florida contract effective October 1, 2019. The state contract expired on January 5, 2021, and after administrative extensions by the state to negotiate the renewal terms with Bank of America, has been presented for a new five -year term from April 6, 2021 through January 4, 2026. The State Contract provides for a rebate calculation based on the City’s spend. For calendar year 2020, the City received $71,429, which was returned to the general fund. APPROPRIATION CODE AND AMOUNT: PCard charges are reconciled monthly by each department and coded to the appropriate expenditure accounts in their respective budgets. Page 1 City of Clearwater Printed on 5/6/2021 AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Page 1 of 3 This Amendment No. 7 (“Amendment”), effective April 6, 2021 to the Purchasing Card Services State Term Contract No. 84121500-15-01 (“STC” or “Contract”), is made by and between the State of Florida, Department of Management Services (“Department”), and Bank of America N.A. (“Contractor”), collectively referred to herein as the “Parties.” All capitalized terms used herein have the meaning assigned to them in the STC, unless otherwise defined herein. WHEREAS, on January 5, 2016, the Department entered into the STC with the Contractor for the provision of Purchasing Card services; WHEREAS, on January 5, 2021, the Department renewed the STC with the Contractor for a period of 30 days; WHEREAS, on February 4, 2021, the Department renewed the STC with the Contractor for a period of 60 days; WHEREAS, the Parties agreed that the STC may be renewed in accordance with Section 26, Renewal, of STC Exhibit B: General Contract Conditions, Form PUR 1000 (10/06); and WHEREAS, the Parties wish to renew and amend the STC as set forth herein. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. STC Exhibit B. The STC is amended to replace STC Exhibit B: General Contract Conditions, Form PUR 1000 (10/06), in its entirety with Exhibit B: Special Contract Conditions. Any and all references in the STC to Exhibit B: General Contract Conditions, Form PUR 1000 (10/06), are hereby amended to refer to Exhibit B: Special Contract Conditions, which is incorporated into the STC by reference herein. II. STC Exhibit C. The STC is amended to rename STC Exhibit C: Special Contract Conditions as Exhibit C: Additional Special Contract Conditions. Any and all references in the STC to Exhibit C: Special Contract Conditions are hereby amended to refer to Exhibit C: Additional Special Contract Conditions. III. The following sections contained in Exhibit B, Special Contract Conditions are hereby deleted or replaced in their entirety with the following: Section 2.3.2 Termination for Conveinence – This section is hereby deleted in its entirety. Section 3.2.2 Preferred Pricing – This section is hereby deleted in its entirety. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Page 2 of 3 Section 3.4 Purchase Order -This section is hereby deleted in its entirety. Section 6.1 Subcontracting - This section is hereby deleted in its entirety. Section 7.5 Indemnification – This section is hereby deleted in its entirety. Section 7.6 Limitation of Liability- This section is hereby deleted in its entirety and replaced with the following: Limitation of Liability. For all claims against the Contractor under any Contract, and regardless of the basis on which the claim is made, the Contractor’s liability under a Contract for direct damages shall be limited to the greater of $100,000, or the dollar amount of the Contract. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. IV. The following sections contained in Exhibit C, Additional Special Contract Conditions are hereby deleted or replaced in their entirety with the following: Section 11.4 Limitation of Liability - This section is hereby deleted in its entirety and replaced with the following: Section 11.4 Limitation and Liability The limitation of liability provisions of paragraph 1, Section 7.6, Exhibit B, Special Contract Conditions, apply to the Contract, with the following clarifications: notwithstanding any provisions to the contrary, the Contractor shall reimburse any actual costs to the State for a loss due to fraud committed by the employees or Subcontractors of the Contractor. Section 12.3 Termination for Other Than Cause: Subsection 12.3.1 - Either party may, terminate the Contract at any time by giving six (6) months written notice to the other party. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Page 3 of 3 V. STC Renewal. The STC is hereby renewed, effective April 6, 2021, with a new expiration date of January 4, 2026, under the same terms and conditions, except as amended herein. VI. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the STC, the terms of this Amendment shall control. VIII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the STC, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: Bank of America, N.A By: _____________________________ By: _____________________________ Name: Tami Filyaw Name: Title: Chief of Staff Title: Date: Date: DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Senior Vice President 4/1/2021 | 9:42 AM PDT Glenna S. Thompson 4/1/2021 | 2:52 PM EDT SP approved version 7‐1‐2019 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2 SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2 SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3 SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6 SECTION 6. MISCELLANEOUS. ................................................................................................................. 7 SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. ............................................................................................................................................. 10 SECTION 9. DATA SECURITY. ................................................................................................................. 12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13 SECTION 11. CONTRACT MONITORING. ............................................................................................... 14 SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 2 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 3 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 4 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 5 Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 6 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 7 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 8 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 9 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 10 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 11 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 12 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 13 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 14 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 15 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 16 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 17 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 State of Florida Purchasing Card Program Eligible User Agreement In accordance with State Term Contract No. 84121500-15-01 The State of Florida Department of Management Services ("Department" or "DMS") has agreed that State Agencies and local government entities in the State of Florida (each an "Eligible User") may utilize the purchasing card program of the State of Florida ("Purchasing Card Program") as the basis for establishing a purchasing card program with an Eligible User. This Eligible User Agreement (the "Agreement") is entered into by Citv of Clearwater the "Eligible User") and Bank of America (the "Contractor") as of the date last signed by the parties (the "Effective Date"). By signing this Agreement, the Eligible User requests, and the Contractor agrees to provide to the Eligible User, the corporate purchasing card services set forth in State Term Contract number 84121500-15-01. Incorporated documents do not negate the provision of the Contract. Any product, service or maintenance provisions that do not comply with Florida law or require an Eligible User to indemnify the Contractor are invalid. The Eligible User and the Contractor agree as follows: A. All defined terms in the Contract apply to this Eligible User Agreement. B. By signing this Eligible User Agreement, the Eligible User and the Contractor agree to be bound by the terms of this Eligible User Agreement and the Contract in the performance of their obligations. By signing below, the Eligible User represents that a copy of the Contract has been provided or made available to it. C. With regard to Eligible User participation, the following applies: 1. Eligible User Warranties. The Eligible User represents and warrants to the Contractor that: 1.1 it is an Eligible User, as defined under the Contract; 1.2 it is contracting for purchasing card services with the Contractor, and its performance of its obligations under this Agreement and the Contract will not violate any law, regulation, judgment, decree or order applicable to it, and 1.3 it desires to utilize the Purchasing Card Program ("Program") ofthe Department as the basis for establishing a purchasing card program. The Eligible User acknowledges and agrees that, notwithstanding anything to the contrary in the Contract, the Contractor will provide the Department and DFS with access to the following information: (i) Eligible User's name and agreement to the provisions of the Contract and the Agreement; (ii) data related to the Eligible User's Cardholder Transactions and use of the purchasing card program; and (iii) amount of rebate paid by the Contractor to the Eligible User under the Program. State of Florida Purchasing Card Program Eligible User Agreement Page 1 of 12 2. Contractor's Obligations, 2.1 Card Accounts. The Contractor will open Card Accounts, upon the Eligible User's request, which Cardholders may use to conduct Transactions for the Eligible User's business. All Transactions made on a Card Account are considered authorized by the Eligible User unless the Contractor receives, and has had a reasonable period of time to act upon, written notice from the Eligible User that the Cardholder is no longer authorized to use the Card or the Card Account. At the Eligible User's request, the Contractor may also establish a Cardless Account. If an OEU so requests, the Contractor will provide to the Cardholder, at the address the OEU specifies, a Billing Statement reflecting the Cardholder's use of the relevant Card Account. 2.2 External Fraud. The Contractor will assume the financial liability for all external fraud if the Eligible User or Cardholder has not authorized or participated in the specific Transaction. If there is internal fraud or collusion, the Contractor will deliver misuse insurance provided by the card network to help the Eligible User with recovery from card networks. 3. Eligible User's Obligations. 3.1 The Eligible User shall use each Card Account solely for business purposes, and shall pay according to section 13, Exhibit C, Special Contract Conditions, for each Transaction, regardless of its purpose or whether the Eligible User signed a sales draft or received a receipt. 3.2 The Eligible User represents and warrants to the Contractor that each Cardholder is a current employee, or for OEU's, an employee or agent of the OEU. If a Cardholder ceases to be the Eligible User's employee or agent, the Eligible User must provide notice as soon as practicable and destroy or return to the Contractor as soon as practicable the Card allocated to that Cardholder. 3.3 The Eligible User will promptly furnish such financial and other information as the Contractor requests for the purpose of reviewing the Eligible User's ability to perform the Eligible User's obligations to the Contractor. Notwithstanding the foregoing, the financial information for State Agencies is located at: http://www.mvflorkdacfo.com/aadir/statewide financial reporting/index.htm. The Eligible User represents and warrants that all information about the Eligible User, its employees, and agents is accurate and sufficiently complete to give the Contractor accurate knowledge of the Eligible User's financial condition. 3.4 The Eligible User and each Cardholder will check to ensure that the information on each new Card is correct, and the Eligible User will contact the Contractor if there is an error. 3.5 The Statewide Purchasing Card Administrator or OEU Eligible User must give Contractor prompt written notice of any addition, deletion or change of its Purchasing Card Administrator. State of Florida Purchasing Card Program Eligible User Agreement Page 2 of 12 3.6 The Eligible User is responsible for maintaining the security of its data outside the Contractor's or Contractor's vendors' systems. The Contractor is responsible for maintaining the security of the Eligible User's data on the Contractor's or Contractor's vendors' systems. 3.7 Compliance with Law. The Eligible User must comply, and ensure that its Cardholders and Transactions comply with all laws to which the Eligible User, the Cardholder or the Transaction may be subject, including all AML/Sanctions Laws. The Eligible User must provide all notifications or information necessary to allow the Contractor to comply with obligations under any AMUSanctions Laws, including (if necessary) providing any information required to establish and verify the identity and background of any Cardholder. The Eligible User represents and warrants to the Contractor that the performance of its obligations will not violate any law or facilitate illegal transactions. 3.8 OFAC Covenant. The Eligible User covenants that it will not use or permit any Cardholder to use, any Card, Cardless Account, Cash Advance or Convenience Check to transact, lend, contribute, or otherwise make available funds to any Subsidiary, joint venture partner or other individual or entity (" Persons), to fund any disallowed activities of or business with any Person, in Cuba, Iran, North Korea, Sudan, Syria, or in any country or territory, that, at the time of such funding, is the subject of any Sanctions, or in any other manner that will result in a violation by any person (including any person participating in the transaction, whether as advisor, investor or otherwise) of Sanctions. 3.9 Credit Limit. The Contractor will establish one total credit limit for all Card Accounts issued to the Eligible User and all of its Cardholders. The Eligible User shall determine an individual credit limit for each Cardholder Account which is part of any of its Card Accounts issued to the Eligible User and all of its Cardholders. The individual credit limits for each Cardholder Account, when aggregated, may exceed the total credit limit for all Card Accounts issued to the Eligible User and all of its Cardholders. However, this will not increase the total credit limit. Upon the Eligible User's request and if approved by the Contractor, the Contractor may increase the total credit limit or any individual limit. The Contractor may decrease the total credit limit or any individual limit in its reasonable discretion with notification to the Eligible User as soon as practicable, but in no event later than the same date as the decrease. 3.10 Transactions Exceeding the Credit Limit, The Eligible User agrees not to incur obligations which would cause the total credit limit for all Card Accounts to be exceeded. The Contractor will make available online tools and standard reporting to monitor cardholder activity. if the Eligible User exceeds the total credit limit for all Card Accounts, the Contractor may refuse any Transactions on all Card Accounts. The Contractor also may require the entire balance owing on the most recent Billing Statement to be immediately due and payable before further use of Card Accounts. If the Eligible User's individual Card limit is exceeded and that individual Cardholder Account is individually billed, the Contractor may (I) refuse any Transactions applicable to that Cardholder Account until a payment is made to reduce the balance below the individual Cardholder's credit limit or until the Eligible User increases that Cardholder's credit limit; and (ii) charge the Eligible User a fee as set in the Schedule of Charges in Exhibit A-1 attached hereto). State of Florida Purchasing Card Program Eligible User Agreement Page 3 of 12 3.11 Currency Conversion. If an Eligible User or its Cardholders make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or credit into a U.S. dollar amount The conversion rate on the processing date may differ from the rate on the date of your Transaction. The exchange rate used by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may differ from the rate Visa receives, or (ii) the government -marinated rate in effect for the central processing date. MasterCard will use an exchange rate of either (1) a wholesale market rate or (ii) a government -mandated rate. 3.12 International Transaction Fee. The Contractor may add a fee to the U.S. dollar amount of any Transaction that is made in a foreign currency (the "International Transaction Fee"). The International Transaction Fee is set in the Schedule of Charges in Exhibit G (as defined in State Term Contract number 84121500-15-01) and Exhibit A -1 (attached hereto). 4. Disputes with Merchants and SuPPIierrs, 4.1 Disputes with Merchants and Suppliers. The Contractor will have no liability for goods or services purchased with, or for a Merchant's or Supplier's failure to honor purchases made with a Card Account. If the Eligible User has any questions, problems or disputes concerning the quality of any goods or services purchased using a Card Account or Card, a purchase price discrepancy, warranty or other performance issues or any other purchase matter, the Eligible User must contact the Merchant or Supplier directly. The Eligible User may not rely on any claim or dispute concerning the purchase of goods or services using a Card Account or Card as a reason to avoid the Eligible User's payment obligations under the Contract, Notwithstanding the foregoing, when the Contractor processes any request for a Transaction refund through a card network on the Eligible User's behalf, which for the avoidance of doubt shall be processed in accordance with the operating rules and regulations of such card network, the Eligible User agrees that, in a dispute with a Merchant or Supplier, the Contractor will be subrogated to the Eligible User's rights and each Cardholder's rights against the Merchant or Supplier and the Eligible User will assign (and cause the Cardholder to assign) to the Contractor the right to assert a billing error against the Merchant or Supplier. The Eligible Userwill, and will cause the Cardholder to, do whatever is necessary to enable the Contractor to exercise those rights. The Contractor may reverse from any Card Account any Transactions relating to the dispute. 4.2 Authorization for Transactions. A Merchant or Supplier may seek prior authorization from the Contractor before completing a Transaction. If the Eligible User advises the Contractor in writing that the Eligible User desires to restrict Transactions to Merchants falling within certain categories the Contractor designates, to the extent consistent with the Statement of Work and the Contract, the Contractor will take reasonable steps to prevent authorization of Transactions from other types of Merchants. The Contractor, however, will not be liable to the Eligible User if Merchants or suppliers nonetheless accept a Card for other types of Transactions, or if authorization for a Transaction is not given. The Contractor may also refrain from authorizing a Transaction for any reason in the Contractor's reasonable discretion. State of Florida Purchasing Card Program Eligible User Agreement Page 4 of 12 4.3 Forms of Consent. If a Transaction is made using a Card or a Card Account number, the Eligible User needs to consent to the Transaction (whether by a Cardholder giving consent or otherwise) so that the Contractor can make sure that it is genuine. A Transaction can be consented to by: i. using a Card with the relevant card PIN or a signature; ii. using the account number and other details requested; iii. presenting a Card to the supplier's terminal if the Transaction is made using contactless technology; or iv. such other means as the Department and the Contractor may from time to time agree. The Contractor may deem Transactions which have not been consented to in one of the above manners to be unauthorized and the Contractor may decline to process such Transactions. This is in addition to any other rights the Contractor has to decline Transactions according to Eligible User Agreement Sections 4, 5.1, or 5.2 (disputes, authorizations and Unauthorized Use). 5. Lost or Stolen Cards: Unauthorized Use. 5.1 Authorization Denials. The Contractor may refrain from authorizing any Transaction: i. if the Contractor suspects that the Transaction is or might be fraudulent or unlawful or for the purpose of any fraudulent or unlawful activity; H. if the Contractor suspects that the Transactor' constitutes or might constitute Unauthorized Use as defined in Section (3)(yyy), Exhibit A, Definitions; or iiiif to authorize that Transaction would cause the Contractor to breach any law including any AML/Sanctions Laws by which the Contractor must abide). 5.2 Failure to Authorize. Subject to applicable law, the Contractor will not be liable to the Eligible User if the Contractor fails to authorize or declines any Transaction for any reason. If a Transaction is not authorized or declined, the Eligible User may seek, and the Contractor will provide, reasonable assistance in investigating and resolving the declined or unauthorized Transaction. 5.3 Reporting a Loss, Theft or Unauthorized Use; Assisting with Investigations. In the event of a possible loss or theft of a card, or Card Account or possible Unauthorized Use, the Eligible User will give the Contractor notice as provided in section 10.6, Exhibit D, Statement of Work, or using the Solution. The Eligible User agrees to give the Contractor this notice as soon as reasonable after discovery of the known or suspected loss or theft or Unauthorized Use. If notice is provided and the Eligible User assists the Contractor in investigating the loss, theft or possible Unauthorized Use, then the Eligible User will not be liable for Transactions resulting from Unauthorized Use. If the Contractor has issued fewer than ten Card Accounts to the Eligible User, the Eligible User's liability for Transactions by a person who does not have actual, implied or apparent authority to use the Card, or Card Account and whose use does not result in a direct or indirect benefit to the Eligible User, will not exceed $50 on each Card. State of Florida Purchasing Card Program Eligible User Agreement Page 5 of 12 6. License to Use the ElLgible User's Marks. Upon the Eligible User's request, the Contractor may place the Eligible User's trademark, trade name, service mark and/or designs ("Eligible User's Marks") on the Cards consistent with section 10, Exhibit D, Statement of Work. The Eligible User will provide the graphics to the Contractor in sufficient time to allow for review and approval by the Contractor and, if necessary, the respective card network. The Eligible User or the State, as applicable, grants to the Contractor a non-exclusive license to use, during the term of the service, Eligible User's Marks on the Cards. 7. Convenience Checks. In the event the Contractor provides Convenience Checks with regard to an OEU Card Account, the Convenience Checks may not be used to make payment on the Card Account The Contractor may pay a Convenience Check and post its amount to the Card Account regardless of any restriction on payment, including a Convenience Check that is post-dated, that states it is void after a certain date or that states a maximum or minimum amount for which it may be written. Once paid, Convenience Checks will not be returned to the OEU or the Cardholder. If an OEU wishes to stop payment on a Convenience Check, it must call the Contractor at the customer service number shown on the Billing Statement and provide such information as the Contractor requests or is required under the relevant User Documentation. The Contractor will stop payment if the request is received on or before the Business Day on which the Contractor would otherwise pay the Convenience Check. The date on which the Contractor would pay a Convenience Check may be prior to the date it would post to the Card Account. A stop payment order will remain in effect for up to six months, 8. Cardless Accounts; Accounts not in Name of Individual, The Contractor may establish a Cordless Account or establish a Card Account with a designation which is not an actual individual, including, without limitation, designation of a vehicle identification number, ricense number, department name or "Authorized Representative" on the Card Account if requested by the Eligible User. The Eligible User may provide the number associated with the Cordless Account to its Cardholders. The Eligible User agrees to be solely responsible for the use of any such Cardless Account or Gard Account, including, without limitation, any Unauthorized Use. The Contractor will however assist the Eligible User with any disputed transaction as described in Section 4. 9. Statements and Payment. For Eligible Users see section 13, Exhibit C, Special Contract Conditions. For OEUs, see Sections 9.1 — 9.5. 9.1 Issue of statements. The Contractor will provide to the Card Administrator, or other person the OEU designates in writing, a Billing Statement which will identify each Transaction posted during the billing cycle and the date of the Transaction. The Billing Statement will also list any applicable fees and charges for a Serviceff the OEU has requested a Card Account for travel and entertainment Transactions, the Contractor will provide, upon the OEU's request, an additional copy of the Billing Statement covering such use of the relevant Card Account to the appropriate Cardholder at the address which the OEU or the Cardholder provides to the State of Florida Purchasing Card Program Eligible User Agreement Page 6 of 12 Contractor. The OEU agrees that the Contractor may provide Billing Statements or make Billing Statements available by electronic means, including by way of electronic mail or a Website. 9.2 Review of statements. On the OEU's receipt of a Billing Statement, the OEU must review it and notify the Contractor by telephone (using the appropriate telephone number set out in the Billing Statement), electronic mail, or other method that may be agreed upon by the parties of any Transaction appearing on that statement which the OEU considers may have resulted from any Unauthorized Use. The OEU must give this notice as soon as practicable but in any event not later than 60 days after the OEU receives the Billing Statement. Ifthe OEU opts to have individual statements sent to individual Cardholders, the OEU must ensure that each relevant Cardholder complies with the provisions of this Section 9.2. Subject to the requirements of any applicable laws, if the OEU does not (or if a relevant Cardholder does not) give the Contractor notice in accordance with this Section 9,2, the Contractor may not be liable to refund any amounts relating to that Transaction. 9.3 Payment of statement amount. The OEU will pay, or ensure that the relevant Cardholder pays on the OEU's behalf, to the Contractor the total amount shown as due on each Billing Statement on or before the Payment Due Date shown on the statement. If the Contractor does not receive payment in Rall by the specified due date, in addition to its other rights, the Contractor may assess a late fee and finance charge as set in the Schedule of Charges for the OEU in Exhibit A -1 (attached hereto). The OEU has no right to defer any payment due on any Card Account. For the avoidance of doubt, if individual billing applies, the Contractor will collect from the OEU for any amount due which is not paid by a Cardholder. 9.4 Service fees. The OEU will pay the Contractor for a Service set in the Schedule of Charges in Exhibit A -1 (attached hereto). 9.5 Account identification. If an OEU or any Cardholder makes any payment to the Contractor in connection with a Card Account, it must, or ensure that the Cardholder must, at the same time provide the Contractor with either the account number or the Card number. The Contractor shall not be liable for any delay in crediting any such payment or recording any Transaction, where this information is not provided to the Contractor in accordance with this Section 9.5. 10, Termination. 10.1 All terminations are contingent on written notice. The following events may be the basis for termination for default: 10.1.1 If an Eligible User fails to pay when due undisputed charges totaling at least two months' charges under the Contract and fails to make such payment within fifteen (15) days after receipt of written notice of non-payment from the Contractor referencing this section, and stating that the Contractor intends to terminate the Eligible User Agreement for nonpayment, then the Contractor may terminate the Agreement as of the date specified by the Contractor in a separate written notice of termination. This notice is contingent on prior completion of a dispute resolution process between the parties. State of Florida Purchasing Card Program Eligible User Agreement Page 7 of 12 10.1.2 If an Eligible User fails to comply with any material law or regulation controlling its operation, including AML or Sanctions Law, the Contractor has the right to file a notice of termination immediately, which notice shall specify the asserted non-compliance and attach supporting evidence. 10.1.3 If an Eligible User materially breaches any of the terms and conditions of this Agreement, and does not cure or commence a cure of the breach within 30 days of written notice, then the Contractor has the right to file an immediate notice of termination contingent on prior completion of a dispute resolution process between the parties. 10.2. If an Eligible User experiences a material adverse change in the Eligible User's financial condition and the Eligible User's ability to perform its obligations under the terms of the Eligible User Agreement are negatively impacted, then the Contractor may terminate the specific Eligible User Agreement after providing written notice referencing this section and stating that the Contractor intends to terminate the Eligible User Agreement as of a date specified in the notice of termination. This notice is contingent on prior completion of a dispute resolution process between the parties. 10.3 Upon any termination of an Eligible User Agreement, the Eligible User will immediately destroy, and will instruct all Cardholders to immediately destroy, all Cards. The Eligible User's responsibility to pay for all undisputed Transactions regarding each Card Account will continue until the Eligible User notifies the Contractor to close the Card Account or until the Eligible User pays for all Transactions entered into before the Contractor closes the Card Account to future use, whichever occurs later. The Contractor and the Eligible User shall settle all outstanding liabilities and all claims arising out of such termination. After termination, the Eligible User and all Cardholders will make no new Transactions on any Card Account. If, however, the Eligible User makes such Transactions, the Eligible User will be liable for each of them. These obligations will continue after a service the Eligible User is using has been terminated. 11. Receipts Imaoino Service. The OEU may elect to use the Contractor's receipts imaging service whereby the OEU will send copies of its transaction receipts, and the Contractor will electronically store those receipts (the receipts imaging service"). It is the OEU's obligation to send the Contractor legible copies of transaction receipts. The OEU acknowledges and agrees that the Contractor will not review the transaction receipts and that the OEU is responsible for retaining the original receipts. The Contractor will not be liable for damages if the images are illegible or blank or for failure to provide copies by a given time or for failure to provide copies the Contractor is not reasonably able to provide. Images will be made available to the OEU by website at such times as may be set forth in the applicable User Documentation or as otherwise established by the Contractor. There is no charge for this service. 12. Notices. Any notice required or permitted to be given under this Eligible User Agreement or the Contract from one party to the other will be in writing and will be given and deemed to have been given when actually received, if hand delivered, delivered by telephonic facsimile transmission equipment and confirmed by telephone, with and original mailed or hand -delivered thereafter or State of Florida Purchasing Card Program Eligible User Agreement Page 8 of 12 mailed by certified or registered mail with postage prepaid to the Party or their successor at the address specified as follows: i. Eligible User: City of Clearwater Procurement Division PO Box 4748. Clearwater. FL 33758 ii. Contractor. Bank of America P.O. Box 28 Norfolk, VA 23510 For overnight delivery send to: Bank of America Commercial Card: Floor 11 3 Commercial Place Norfolk, VA 23510 Routine notices given by Contractor to the Eligible User, such as transaction details, changes in terms required by systems updates or payment card network changes and any reasonable notice required by the Contractor's licenses or schedules, may be delivered by electronic mail to the address provided by the Eligible User. Either party may change the address to which notices are to be delivered by giving to the other party not less than ten (10) Business Days prior written notice thereof. 13. Information Security/Data Protection. Data Security requirements are described in section 7, Exhibit C, Special Contract Conditions. The folknwing are policies of the Contractor: 13.1 Overall Data Security Regulations. As a financial institution, the Contractor' is required to comply with the information security standards of, as applicable, the Gramm Leach Bliley Act and the regulations issued thereunder the Fair and Accurate Credit Transactions Act and the regulations issued thereunder; the Federal Financial Institutions Examination Council (FFIEC) criteria; the Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice; the US Securities and Exchange Commission; FINRA; the NASD; and other federal statutory, national and international legal and regulatory requirements. The Contractor is evaluated regularly for compliance with these obligations by various US and international regulators, including, the US Office of the Comptroller of the Currency, as applicable. 13.2 Security and Confidentiality. The Contractor maintains an information security policy that: contains appropriate administrative, technical, and physical safeguards designed to protect against Information Security Events; conforms as required to the requirements of applicable data protection laws; and sets forth policies and procedures that are consistent with, to the extent applicable to the Services, PCI DSS standards, the card networks' rules and regulations; and Financial Services Industry Best Practices. State of Florida Purchasing Card Program Eligible User Agreement Page 9 of 12 13.3 Organizational Security. All information is stored in the United States for programs in the United States and Canada. 13.4 Human Resources Security. The Contractor takes reasonable steps to ensure that its Workforce is aware of their obligations in the provision of the Services and applicable data protection laws, including that any unauthorized processing or disclosure of the Personal Data may lead to disciplinary action under their contract of employment or other contractual arrangements. Prior to receiving access to Personal Data, the Workforce and any Extended Workforce will receive appropriate security awareness training and recurring security awareness training at appropriate intervals. The access rights of the Contractor's Workforce with access to the Contractor's Information Processing System(s) or media containing.Personal Data are removed upon termination of their employment, contract or agreement, or adjusted upon change of job function. 13.5 Physical and Environmental Security. Contractor protects all areas that contain Information Processing System(s) or media containing Personal Data by the use of security controls deemed appropriate by the Contractor. 13.6 Information Security Event Management. The Contractor maintains an incident response pian that addresses handling of information Security Events. In accordance with such incident response plan, the Contractor will; Provide Eligible User prompt, but in no event later than two (2) Business Days of becoming aware thereof, notice of any information Security Event documented and verified by the Contractor as part of its standard incident response process that involves, or which the Contractor reasonably believes involves, the unauthorized access, use or disclosure of Eligible User's Personal Data. Such notice shall, to the extent the Contractor is legally allowed, summarize in reasonable detail the Information Security Event and the corrective action taken or to be taken by the Contractor, if known at that time. The Contractor will promptly take all corrective action deemed necessary or appropriate by the Contractor at no additional charge to the Eligible User. 13.7 Security Assessments. The Contractor permits the Eligible User's representatives to perform one annual on-site or written assessment of the security controls used at the Contractor's data processing and business facilities. Also such assessment may be requested after an information Security Event. Such assessments will be performed during regular business hours, at a date and time agreed to by both Parties, and will not require access to Information Processing System(s). Such assessments will be subject to the Contractor's security policies, procedures, and restrictions, including restrictions on access to data centers, the ability to perform hands-on testing, and copying of certain materials. The Contractor scans internal and external facing Information Processing System(s) with applicable industry standard security vulnerability scanning software (including network, server, State of Florida Purchasing Card Program Eligible User Agreement Page 10 of 12 application and database scanning tools) at a minimum once per month and perform mitigations that the Contractor deems appropriate to address issues identified. The Contractor performs a comprehensive application penetration test and security evaluation of all websites used to store, access, or process Personal Data prior to use and at least annually thereafter. State of Florida Purchasing Card Program Eligible User Agreement Page 11 of12 IN WITNESS WHEREOF, the parties hereby execute this Eligible User Agreement as of the Effective Date. Counters' ned: c(p) (Itf\C, &O$ George N. Cretekos Mayor Owen Kohler Assistant City Attorney State of Florida Purchasing Card Program Eligible User Agreement Bank of America, N.A. Signature: Name: Title: Date: VLCC Prc6ieltokt 1-3o—t9 CITY OF CLEARWATER 8, 1444.4)—m -- William B. Home II City Manager Attest: Rosemarie Call City Clerk Page 12 of 12 EXHIBIT A-1 Schedule of Fees, Charges and Rebates Other Eligible Users Please Note: Section 10 under "Rebate Calculation and Payment:" the equation formula, the Standard Transactions Rebate Multiplier Table and the Large Ticket /Partner Program Transactions Rebate Multiplier Table are confidential trade secret information. EXHIBIT A-1 I. GENERAL PRODUCT FEES AND CHARGES Annual Card Fee Waived Logo Fee: Fee Waived Unique Custom Design Fee As quoted Return Payment Fee Waived International Transaction Fee 1.5% of USD amount* Expedited Card Delivery Fee U.S. Mail/Bulk Mail (Default) -No Fee Ovemight$35.00 Overiimit Fee Cc;r,rz;tf Late Fee (assessed 3 days after cycle date when account is past due) (Assessed as a % of the past due amount for the current month's charges and any unpaid balances) Waived Pursuant to Section 218.70-218.80, Florida Statutes Cash Advance Fee 2.5% of transaction amt ($5 min/no m Pursuant toLateFee (assessed 3 days after due date when account is past due) Statutes 218.70-218.80, Florida Advance Fee 2.5% of transaction amt ($5 min/no max) If you make atransaction in currency other than U.S. dollars, visa or MasterCard win convertthe charge conversionrate on the processing date may differ fromthe rate on the date ofyourtransaction. The exchange rate used byVise will either be (i) a rate selected byVisa from arange of rates available in wholesale currency markets for the applicable central processing date, which rate may differfrom therate Visa receives, or (n) the government -mandated rate in effect forthe centralprocessingdate. MasterCard win use an exchange rate ofeither (I) a wholesale market rateor Hi) a government -mandated rate. We may add a2% fee to the US. dollar amount of anytransaction that is made in foreign currency or that is made outside the !kited States even if youpay inU.S. collars (the "international Transaction Fee"). credit into a US. dollar amount. The II" ELECTRONIC PRODUCTS SCHEDULE OF FEES AND CHARGES Reload ng and Data; EXHIBIT A-1 III. US SCHEDULE OF REBATES Cycle and Grace Days) REBATE DEFINITIONS Capitalized terms, which are not defined in this Section ill have the meanings ascribed in the applicable Card Agreement. Calculation Period" means the twelve (12) month period commencing on the first day of the month after Bank receives a fully executed original of the Agreement and thereafter, each subsequent twelve (12) month period. Credit Losses" means any balances which remain unpaid by Other Eligible User, Participant or a Cardholder six (6) tilling periods after the closing date onthe Billing Statement in which the Transactions, fees and charges appeared for the reporting period. Cyclo Days" means the number of days from the start of the billing period to the BillingStatement date. Grace Days" means the number of days after the BillingStatement closing date withinwhich payment is due. Large Ticket interchange (LTI) Transactions" means certain transactions whlch, based upon the type of merchant and/or transaction dollar amount, are subject to a Visa or MasterCard targe. ticket interchange program, as determined by and amended by Visa and MasterCard from time to time. Rebate Multiplier" means the multiplier correspondingto the Standard Transactions volu and Grace Days as set forth in the Standard Transactions Rebate Multiplier Table below. e, StandardTransactions" means the Transaction Volume not meeting the criteria for Large Ticket interchange Transactions. Total Credit Losses" means, for any Calculation Period, the sum of (1) Bank's Credit Losses on the Card Accounts forthe Calculation Period and (N) Bank's Credit Losses on the Card Accounts for any previous Calculation Period which have not been applied against any rebate payable under the Agreement. Transaction Volume' means, for any Calculation Period, the total dollar amountof purchase Transactions made with the Cards during the Calculation Period, lessthe total dollar amount of; returned purchases, credit adjustments, Transactions resulting from Unauthorized Use, and disputed charges. Cash advances and Convenience Checks are not included in Transaction Volume. REBATE CONDITIONS During the Calculation Period, the program must meet all of the following conditions in order to qualify for a rebate: t, Other Eligible User and Participant pay Bank the total amount of the new balance shown as due on each Billing Statement on or before the Payment Due Date; and IL Other Eligible User and Participant complied with terms in this Agreement; and ill. Calculation Period Transaction Volume meets the minimum volume requirement as set out in the Standard Transactions Rebate Multiplier Table; and iv. The Agreement has not been terminated by either party prior to the completion of a rebate calculation period. v. The four conditions above, together being the "Rebate Conditions". 3 EXHIBIT A-1 Please Note: Section il'1 under 'Rebate Calculation and Payment:" the equation formula, the Standard Transactions Rebate Multiplier Table and the Large Ticket / Partner Program Transactions Rebate Multiplier Table are confidential trade secret information. REBATE CALCULATION AND PAYMENT In the event that all of the above Rebate Conditions are met with respect to the Calculation Period, Bank will pay a rebate to Other Eligible User, which shall be calculated atthe end of the Calculation Period in accordance with the Standard Transactions Rebate Multiplier Table and using the following equation: Transaction Volume for Standard Transactions x Standard Transactions Rebate Multiplier) + Transaction Volume for Large Ticket + Transaction Volume for Partner Programs) x Large Ticket and Partner Program Rebate Muttipiier)) - Total Credit Losses The Standard Transactions rebate multiplier will be determined based on the Calculation Period cumulative total of all Standard Transactions volume. Payment of any rebate will be made by ACH credit or other means determined by Bank, within ninety (90) days following the end of the Calculation Period. Should one or more of the above Rebate Conditions not be met, Bank will be under no obligation to pay any rebate, although Bank may, in its sole discretion, determine to pay a rebate in an amount determined by Bank. Bank's payment of a rebate in such circumstance will in no way obligate Bank to pay a rebate with respect to any subsequent Calculation Period. 0 999,999 0 0 0 REBATE BASIS POINTS 0 0 0 0 0 1,000,000 2,499,999 125 123 120 117 115 110 106 102 2,500,000 3,500,000 3,499)999 6,999,999 160 158 155 152 150 145 141 137 167 165 162 159 157 152 148 144 7,000,000 9 9,999 170 168 165 162 160 155 151 147 10,000,000 14,999,999 181 179 176 173 171 166 162 158 15,000,000 19,999,999 187 185 182 179 177 172 168 164 20,000,000 24,999,999 195 193 190 187 185 180 176 172 25,000,000 29'x99,999 202 200 197 194 192 187 183 179 30,000,000 34,999,999 203 201 198 195 193 188 184 180 35,000,000 39,999,999 204 202 199 196 194 189 185 181 40,000,000 44,999,999 205 203 200 197 195 190 186 182 45,000,000 49,999,999 206 204 201 198 196 191 187 183 50 0,000 59,999,999 207 205 202 199 197 192 188 184 60,000,000 84,999,999 208 206 203 200 198 193 189 185 85,000,000 99,999,999 209 207 204 201 199 194 190 186 100,000,000 210 208 205 202 200 195 191 187 REBATE BASIS POINTS 0 55 1 55 1 55 1 55 55 1 55 1 55 1 55 4 EXHIBIT A-1 Nothing in these schedules are intended to state a term for the Agreement. For the avoidance of doubt, any period of time set forth in the Schedules applies solely to pricing terms, but only to the extent the Agreement has not been terminated as set forth in the Agreement. Notwithstanding anything to the contrary in the Agreement or any of its Schedules all fees, charges and rebates are subject to change upon 60 days' prior written notice to you if, in connection with us providing this card program, or any Services to you: 1 An event external to us increases the cost or decreases the revenue to us; ii. There is any decrease to the interchange rates paid to us by a card network; or iii. There is an increase to funding costs due to interest rate changes; iv. There is any deterioration in your financial condition END OF US SCHEDULE 111 IV. ACKNOWLEDGEMENT By signature of an authorized representative(s), you agree to the terms and conditions of this Schedule of Fees and Charges presented herein. This form must be signed in ink by an authorized representative(s) and submitted with the orig'i al signature to your Bank representative. OTHER ELIGIBLE USER City of earwater W Signature) Bank ofAmerica, NA Name: William B, Home 11 Name: kit` Title: V. Gx f "6 rtred- per or TYPe) Date: Date: 1 ( c Title: City Manager Effective Date: October 1. 2019 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9110 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to O’Neils LLC dba O’Neils Tree Service (O’Neils) of Ozona, FL in an annual not to exceed amount of $350,000.00 for term May 10, 2021 through May 9, 2022 with four one-year renewal options pursuant to Invitation to Bid 20-21, Tree and Stump Removal Services and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 26, 2021, Invitation to Bid (ITB) 20-21 for Tree and Stump Removal Services was issued and three responsive bids were received. O’Neils was the lowest most responsible bid in accordance to the ITB specifications providing tree and stump removal services within the rights-of-ways (ROW) and easements of both public and private properties within Clearwater. The City’s in-house arborist crews perform regularly scheduled tree maintenance as well as hazard maintenance by pruning tree limbs that block street signs, traffic signals, sidewalks, and roadways. This contract will supplement the work of the City’s Urban Forestry Division by performing stump and tree removal services that cannot be performed with existing resources. Both the Engineering and Parks and Recreation departments have a need to utilize this service throughout the year to address various conflicts created by trees in the Right of Ways (ROW) as well as trees that are declining in health and need to be removed. Additionally, O ’Neils will proactively address the removal of diseased trees from city ROWs as indicated in the annual tree survey. Tree surveys are conducted every year in one of five zones in the city. Council authorization is requested for an annual not-to-exceed award of $350,000 per year which includes a contingency for additional trees not included on the annual tree survey, supplemental work that may be requested, annual contract price increases, and any other contractual management requirements. This authorization also includes approval for an additional four one-year renewal options at the City’s discretion. APPROPRIATION CODE AND AMOUNT: Funds are available in various operating codes but primarily in CIP M2006 “Right of Way Tree Management Program”. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/6/2021 CITY OF CLEARWATER ITB # 20-21, Tree and Stump Removal DUE DATE: March 25, 2021; 10:00 AM BID TABULATION O'Neils LLC d/b/a O'Neils Tree Service233 Hedden Ct Palm Harbor, FL 34683 Ameri-Pride Pest Control Service Inc d/b/a Prime-Scape Services12890 Automobile Blvd. Ste 2-H Clearwater, FL 33762 Tucker Enterprise Services, Inc 303 Scarlet BlvdOldsmar, FL 34677 *certified small/minority Item No.Description Unit Price(each) Unit Price(each) Unit Price(each) 1 1 - 6-inch diameter tree at DBH $ 75.00 $ 150.00 $ 30.00 2 6 - 7-inch diameter tree at DBH $ 150.00 $ 175.00 $ 75.00 3 8 - 12-inch diameter tree at DBH $ 384.00 $ 350.00 $ 125.00 4 13 - 17-inch diameter tree at DBH $ 544.00 $ 800.00 $ 800.00 5 18 - 22-inch diameter tree at DBH $ 704.00 $ 1,600.00 $ 1,200.00 6 23 - 27-inch diameter tree at DBH $ 864.00 $ 2,000.00 $ 1,600.00 7 28 - 32-inch diameter tree at DBH $ 1,024.00 $ 2,300.00 $ 2,200.00 8 33 - 37-inch diameter tree at DBH $ 1,184.00 $ 2,700.00 $ 2,800.00 9 38 - 42-inch diameter tree at DBH $ 1,224.00 $ 3,200.00 $ 3,400.00 10 43 - 47-inch diameter tree at DBH $ 1,246.00 $ 3,600.00 $ 4,000.00 11 Larger than 48-inch diameter tree at DBH $ 1,384.00 $ 4,000.00 $ 4,500.00 Total Bid For Group A: $ 8,783.00 $ 20,875.00 $ 20,730.00 Item No.Description Unit Price (each) Unit Price (each) Unit Price (each) 12 3 – 12 feet CT $ 150.00 $ 100.00 $ 100.00 13 13 - 20 feet CT $ 150.00 $ 200.00 $ 300.00 14 21 - 30 feet CT $ 150.00 $ 300.00 $ 500.00 15 31 - 40 feet CT $ 85.00 $ 400.00 $ 1,000.00 16 41 - 50 feet CT $ 85.00 $ 450.00 $ 2,000.00 17 51 - 60 feet CT $ 85.00 $ 500.00 $ 3,000.00 Total Bid for Group B: $ 705.00 $ 1,950.00 $ 6,900.00 Notes: The Emergency/After Hours portion of this solicitation will not be awarded. GROUP A: All–Inclusive Pricing for Tree Removal and Stump Grind DBH = Diameter at Breast Height GROUP B: All-Inclusive Pricing for Palm Removal and Stump Grind CT = Clear Trunk Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9081 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve agreements with Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba PRIDE Enterprises, of Brandon, FL, in the amount of $112,950 for the refurbishment of two command vehicles, in accordance with Clearwater Code of Ordinances Section 2.564(2) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) is in possession of two command vehicles, which are in need of being refurbished, in lieu of purchasing new vehicles. These vehicles are utilized as a central component of the command and control element in response to significant incidents, such as public events, major incident scenes, and community engagement activities. Due to the condition and age of the CPD’s current (main) command vehicle (G2454, 2001 Bluebird), the Police Department initiated a Capital Improvement Project (315-P1803), to refurbish and update this vehicle to meet the needs of the agency and public. In late 2020, CPD acquired a 2005 Freightliner command vehicle through and agreement with the Urban Area Security Initiative Program. This vehicle (G5117) had been previously utilized by another agency and was in need of repair and modifications including paint, department graphics, and the installation of modernized city supported electronics. Additionally, the previous agency originally assigned this vehicle as a mobile crime scene vehicle which requires retrofitting to meet the needs of CPD as a mobile command and control center. Proposed retrofitting includes, but is not limited to, demolition/removal of existing equipment, painting, graphics, cabinetry, electrical retrofitting, lighting, updated electronics and printers, LED displays space, restroom, and carpeting. PRIDE Heavy Vehicle Renovations (HVR) has quoted retrofitting costs associated with this vehicle at $75,100. The second command vehicle, G3787, is a 2012 Freightliner. Though this vehicle has significant mileage, CPD intends to convert this vehicle for utilization by our Hostage Negotiations Team. Proposed retrofitting includes, but is not limited to, modifications to the vehicle interior including cabinetry and workstations, electrical retrofitting, lighting, updated electronics and printers, LED displays and seating. PRIDE Heavy Vehicle Renovations (HVR) has quoted retrofitting costs associated with this vehicle at $32,850. CPD will be seek to surplus G3335 in the future once the modifications to G5117 and G3787 Page 1 City of Clearwater Printed on 5/6/2021 File Number: ID#21-9081 are complete. G3335 is the vehicle currently being utilized for the Hostage Negotiations Team and will be replaced by G3787 once the retrofitting is complete. G2454 will be retained in its current condition as a backup vehicle to G5117. Pursuant to Code of Ordinance 2.564 (2), CPD is requesting Council’s approval for the Exceptions to Bid, pursuant to Florida Statute 287.042, utilizing PRIDE for the renovation of the two command buses. Florida Statue 287.042 exempts local and state government agencies from competitive sealed bid requirements when doing business with PRIDE. PRIDE is a not-for-profit corporation that is funded exclusively through the net proceeds from sales of products and services manufactured by PRIDE inmate training programs. In addition to vocational work programs that teach job skills and successful job behaviors to inmate workers, PRIDE provides post-release transition services including job referrals and other basic support services that prepare and assist ex-offenders in their successful reintegration into society. CPD anticipated this purchase and has funding available for the refurbishment of these vehicles, in the amount of $107,950, plus project contingency equating to $5,000 (totaling $112,950) for these agreements. APPROPRIATION CODE AND AMOUNT: Funding for this agreement and contingency funds, in the amount of $112,950, are available within capital improvement project 315-P1803, Command Bus Refurbishment. Page 2 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9089 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve an agreement between Divecom Services, LLC, located at 1323 20th Avenue East, Palmetto, FL 34221, and the City of Clearwater to provide vessel removal, towing, storage, and/or disposal services to accommodate all needs of the Clearwater Police Department and the Marine and Aviation Department and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 10, 2020, Request for Proposal (RFP) 09-21 was issued seeking qualified vendors to provide full-service removal, towing, storage, and/or disposal of designated ‘at risk’ and derelict marine vessels located in City of Clearwater waterways. A five-member committee, comprised of members of the Police and Marine & Aviation departments, evaluated the single qualified response received. Divecom Services’ proposal was reviewed and accepted based on qualifications, experience, facilities, equipment, and capacity. Under the terms of this agreement, the City will be billed consistent with Pinellas County’s contract with the vendor, based on the size of the vessel to be removed and /or towed. Storage will be the responsibility of the vessel owner. The agreement calls for an initial one-year term, effective May 6, 2021 through May 5, 2022, with three optional one-year extensions. Under the terms of this agreement, the vendor will complete work within five business days after contacted by the City, unless otherwise mutually agreed. APPROPRIATION CODE AND AMOUNT: Funding for Marina related towing is budgeted and available in operating cost code 4321371-530300, contractual services. Future year funding will be requested in this code. Funding for Police Department managed towing needs in city waterways (excluding the Marina) anticipated for the remainder of the current year (fiscal year 2020/21) will be charged to project 315-93415, Waterway Maintenance. Funding for future years will require an increased budget appropriation to the Waterway Maintenance project funded by the General Fund. Page 1 City of Clearwater Printed on 5/6/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #09-21 MARINE VESSEL REMOVAL, TOWING, STORAGE, AND DISPOSAL SERVICES November 10, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, December 9, 2020 to provide Marine Vessel Removal, Towing, Storage, and Disposal Services. Brief Description: The City of Clearwater is seeking proposals from qualified contractors for the removal, towing, storage, and/or disposal of designated marine vessels located in City of Clearwater waterways. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Valerie Craig, CPPB Sr. Procurement Analyst Valerie.Craig@myclearwater.com This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Marine Vessel Removal Services 2 RFP #09-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: December 9, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as INSTRUCTIONS Marine Vessel Removal Services 3 RFP #09-21 may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather INSTRUCTIONS Marine Vessel Removal Services 4 RFP #09-21 than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the INSTRUCTIONS Marine Vessel Removal Services 5 RFP #09-21 proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Marine Vessel Removal Services 6 RFP #09-21 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 23-24) Points Qualifications and Experience: (Tab 2) 25 References: (Tab 2) 15 Facilities and Equipment: (Tab 3) 25 Capacity for Contract: (Tab 4) 25 Pricing: (Tab 5) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. INSTRUCTIONS – EVALUATION Marine Vessel Removal Services 7 RFP #09-21 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: November 10, 2020 Advertise Tampa Bay Times: November 11, 2020 Responses due: December 9, 2020 Review proposals: December 10 – December 15, 2020 Presentations (if requested): December 18, 2020 Award recommendation: December 18, 2020 Council authorization: February 2021 Contract begins: February 2021 TERMS AND CONDITIONS Marine Vessel Removal Services 8 RFP #09-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Marine Vessel Removal Services 9 RFP #09-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Marine Vessel Removal Services 10 RFP #09-21 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Marine Vessel Removal Services 11 RFP #09-21 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s TERMS AND CONDITIONS Marine Vessel Removal Services 12 RFP #09-21 current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Marine Vessel Removal Services 13 RFP #09-21 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this TERMS AND CONDITIONS Marine Vessel Removal Services 14 RFP #09-21 warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final TERMS AND CONDITIONS Marine Vessel Removal Services 15 RFP #09-21 judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. TERMS AND CONDITIONS Marine Vessel Removal Services 16 RFP #09-21 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Marine Vessel Removal Services 17 RFP #09-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. The City works in conjunction with local and state agencies to address ‘at risk’ vessels (Florida Statute § 327.4107) and ‘derelict’ vessels (Florida Statute § 823.11). The services requested herein are related to the authority granted to the Clearwater Police Department (CPD) via City of Clearwater Code of Ordinances Chapter 33, Waterways and Vessels, specifically Ordinance No. 9383-20. 3. SCOPE OF WORK. The City is seeking a qualified contractor(s) to be responsible for the removal/towing, storage, or disposition of select vessels as identified by CPD or another participating city department on an as-needed basis. The contractor(s) selected will be responsible for all required licenses, certificates, permits and insurance needed to complete these services. All work activities associated with the removal, towing, storage, and disposal of vessels are to be coordinated with the CPD. 4. SPECIFICATIONS. Contractor Responsibilities: All procedures must be in compliance with all Federal, State, and Local Laws and Regulations. The Contractor will be responsible for the following: A. Included Services: Services shall include the labor, mobilization, transport, preparation of vessels for removal/towing, storage and/or disposal, all landfill disposal fees, photographs, and any pollutant removal and disposal. B. Supplies and Equipment: The Contractor shall be responsible for providing all fuel, supplies, materials, equipment, vehicles, vessels, tools, drivers, and personal protective equipment for the removal/towing, storage, and/or disposal of targeted vessels. Furthermore, Contractor will provide all related materials as required by Federal, State and Local Laws and Regulations. The Contractor will provide in detail a list of supplies, equipment, and procedures utilized during this contract with response. C. Work Plan: The Contractor shall submit a work plan and procedures for removal/towing, storage, and/or disposal of targeted vessels to be reviewed and approved by a designated CPD representative before the authorization for service is granted. The plan shall include details for vessel removal and include a plan for the handling of water quality issues and pollutants. Work shall be scheduled as soon as possible when contacted by the City. Work is expected to be completed within five (5) business days unless otherwise mutually agreed. D. Operational and Strategy Meetings: The Contractor will attend operation and strategy meetings as required by the CPD and other appropriate parties throughout the term of the contract. E. Removal/Towing: Includes vessels located at city docks or marinas that have become submerged, are shallow/near shore, or have been deposited on the shoreline or uplands within the navigable waters of the City of Clearwater, as defined in City of Clearwater Code of Ordinances, Chapter 33. Removal includes any vessel add-ons, affixed to, or detached and associated displaced debris within 300 feet radius from the main body of the vessel. It is the Contractor’s responsibility to ensure that all permits or permissions necessary to provide the services required be obtained. DETAILED SPECIFICATIONS Marine Vessel Removal Services 18 RFP #09-21 To be compensated for the removal of targeted vessels, the entire vessel must be removed from the keel up. F. Emergency Removal/Towing: The Contractor shall mobilize forces and equipment to begin removal/towing activities within forty-eight (48) hours of notice and authorization from CPD or other participating city department, which could include work during nighttime, weekends, or holidays. In this case, a supplemental lump sum emergency mobilization fee per project is allowed. The CPD shall identify all emergency vessels to be removed. G. Health and Safety: The Contractor will be responsible for the health and safety of its employees, and for ensuring that work is performed in compliance with all FL-OSHA, State, Federal and Local requirements, laws, statutes, codes, rules, and regulations including but not limited to 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response) and 29 CFR 1910.401, Subpart T, Commercial Diving (if applicable). The Contractor shall utilize safety signs, warning lights, temporary barriers, dive flags, or other types of markers around work areas as needed to protect the public and worker safety. H. Environmental Impact: Work shall be conducted using appropriate Best Management Practices (BMP's) to prevent turbidity/siltation/water quality violations and prevent damage to wetland areas, mangroves, seagrasses or other submerged aquatic resources. BMP's shall be based on Florida Department of Environmental Protection (FDEP) erosion control and turbidity prevention measures. Contractor shall not disturb, trim, cut back or remove mangrove vegetation without permission from Pinellas County. Other vegetation may be removed and disposed of or transplanted as may be required by law. The Contractor must be aware of any protected vegetation laws. In addition, Contractor must be aware of, and comply with, any laws regarding endangered species of vegetation or animals in or surrounding the targeted vessel(s). The County may require the Contractor to provide and properly install turbidity control devices around each vessel in order to prevent sediments and/or pollutants from escaping the work area. Vessels shall be removed with no impact to the coastal environment. Contractor is responsible for any damage to the environment which occurs as a result of work related to the removal. Any environmental impacts which have occurred prior to the start of removal work shall be documented with pre-removal photographs. Contractor shall place and maintain all necessary barriers and/or turbidity controls and restore boat ramps and/or work areas to pre- work condition. I. License Requirement for Commercial Vessel Operation: The Contractor will ensure that the owner/operator of any un-inspected towing vessel at least 26 feet in length, used in this project to remove vessels and other equipment, is in possession of at least a United States Coast Guard Issued “OUTV” (Operator Un-inspected Towing Vessel) License per Coast Guard Regulations. (Regulation 46 U.S.C. 2101 (42)) J. Hazardous Materials onboard Abandoned Vessels: Targeted vessels may have an engine, battery, fuel, oil, or other hazardous items aboard. It is the responsibility of the Contractor to remove and properly dispose of any hazardous materials from vessels that meet this criteria. If the Contractor becomes aware of a hazardous substance spill, the Contractor must take immediate and appropriate action as it shall be the Contractor’s responsibility to prevent, contain, or minimize a spill of a hazardous substance. If the spill is found to be a result of the Contractor’s actions or negligence, the Contractor shall be held liable. Contractor shall determine if vessel contains pollutants that could be harmful to the environment if discharged during removal operations; remove pollutants prior to moving vessel and provide proper legal disposal and furnish the City Representative with receipts documenting pollutant disposal. If any pollutant discharge occurs, Contractor shall immediately report this to the appropriate authorities, in addition to employing proper containment DETAILED SPECIFICATIONS Marine Vessel Removal Services 19 RFP #09-21 measures. Pollutants include, but are not limited to motor/vessel fuels, oils and lead acid batteries. Containment booms and recoverable absorbent materials shall be available for spill response to contain and recover fuel or oil discharges that could occur during vessel recovery. K. Waste Manifest and Bill of Lading: The Contractor handling the disposition of the targeted vessel(s) will prepare a manifest. Full responsibility is the Contractor’s. A “sign off” by the County’s Environmental Health HAZMAT Division will be required only when Hazardous Materials Incident occurs. All other Manifest or Bill of Lading will be “signed off” by CPD. L. Treatment Storage and Disposal Facilities (TSDF): It is the responsibility of the Contractor to select the Treatment Storage and Disposal Facility necessary to intake vessels containing hazardous waste(s). Contractor shall provide to the City all required certificates of such site(s) with submittal. The City shall not be responsible for additional costs incurred as a result of the TSDF refusing to take waste from the Contractor. M. Recycling: The City encourages the recycling of materials when feasible. The Contractor shall have the option of recycling any materials of the vessel. N. Disposal: Vessels must be disposed of at the Pinellas County Solid Waste Class Ill landfill or any Class III landfill preapproved by the City of Clearwater. Contractor must remove all contaminants from the vessel and remove any items not accepted at the landfill and dispose of properly and in accordance with all appropriate regulatory requirements. Contractor is responsible to prepare the vessel for disposal, transportation of the vessel to the landfill, and all disposal fees. Contractor shall provide CPD with a copy of landfill disposal receipts for each vessel, and any receipts for pollutant disposal or recycled materials, along with the photographs documenting destruction of the vessel. This documentation as well as all photos taken of the entire removal process shall be included in the post-removal reports submitted to CPD. O. Storage: Vessels must be maintained in the same condition in which they were accepted until disposal process is complete. Contractor must have an established, principal storage facility within the Tampa Bay area. The Contractor will be required to provide proof of ownership and/or valid lease agreements for the physical facility and property. The Contractor must maintain these agreements during the entirety of the contract term. The Contractor’s storage facility will include a working alarm system to prevent unauthorized access and the facility property must be completely encircled by secure fencing, not less than six feet (6’) in height. The top of any fence or wall enclosure, including gate(s)/door(s), or open areas without a roof, shall be equipped with at least twelve inches (12”) of barbed wire, or similar anti-intrusion barrier, which shall be installed in such a manner to discourage unauthorized entry. The Contractor will be responsible for ensuring overall security of the property. Contractor’s facilities will be configured to allow only authorized personnel with access. Access must be adequately documented to meet the standards of chain of custody of evidence for criminal proceedings where applicable. The Contractor shall be able to supply identified CPD sworn officers with 24-hour access to the indoor facility. P. Public Interaction: All work shall be completed in such a manner as to minimize disruption to boat ramps, boaters, and roadway traffic. Q. Communications: The Contractor is required to have two-way communication at the job site(s). Two-way communications can be cellular, Marine Band, or other. Contractor shall provide a minimum of 48-hour notice of removals to allow for CPD or other City DETAILED SPECIFICATIONS Marine Vessel Removal Services 20 RFP #09-21 representatives to be present during operations. R. Subcontractors: The use of subcontractors must be preapproved by the City of Clearwater. S. Photography: Contractor shall take detailed photographs documenting the pre-removal condition of the vessel, every stage of removal, and the post-removal environmental conditions for each removal. Photographs of the destruction of the vessel or of the intact vessel at the landfill or storage facility are required. All photos shall include date and time stamp and be submitted to CPD upon request. 5. MINIMUM QUALIFICATIONS. Companies responding to this RFP will explain their experience with marine vessel removal, towing, storage, and disposal services in Response Elements, Item 2, Tab 2, Qualifications and Experience. With the Qualifications statement, a minimum of three (3) references, preferably from other public entities within the State of Florida, for which similar services have been provided, are required. 6. DELIVERY. Vessels shall be towed out of the water and delivered to the appropriate disposal or storage facility, as designated by CPD. 7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Marine General Liability (MGL) coverage for at least $1,000,000 per occurrence / $2,000,000 aggregate, including coverage for: i. Contractual Liability; ii. Products and Completed Operations; iii. Bodily Injury and Property Damage; iv. Sudden and Accidental Pollution In addition to the above coverage components, the City should be named as an Additional Insured, including a Waiver of Subrogation in the City’s favor as well as Primary and Non- Contributory wording. b. Marina Operators Legal Liability, should have coverage for at least $5,000,000 per occurrence / $5,000,000 aggregate, with the City being named as an Additional Insured, as well as including a Waiver of Subrogation in the City’s favor and Primary and Non- Contributory wording. c. Vessel Hull & Machinery, P&I, Vessel Pollution Liability The following types of insurance are required: i. Protection & Indemnity Insurance (including crew): Liability for any third party bodily injury or property damage caused by the vessel, requiring minimum limits of $1,000,000. Contractor’s P&I coverage must include Jones Act coverage. ii. Vessel Pollution Liability: For barges or vessels of any size, require Vessel Pollution Liability with limits equal to the required P&I limits. In this case, $1,000,000 would be the minimum limit acceptable. DETAILED SPECIFICATIONS Marine Vessel Removal Services 21 RFP #09-21 iii. Hull & Machinery (H&M): Vessels to be insured for their Actual Cash Value. The City should be named as an Additional Insured on the P&I and Vessel Pollution Liability, including a Waiver of Subrogation in favor of the City as well as Primary and non- contributory wording. d. Automobile Liability: Recognizing that the work governed by this contract could require the use of vehicles, the Contractor, prior to commencement of work, shall obtain Automobile Liability insurance, with coverage being maintained throughout the term of this contract, and as a minimum must include liability coverage for Owned, Non-Owned, and Hired vehicles (HNOA). The minimum limits acceptable would be a Combined Single Limit (CSL) for bodily injury/property damage of at least $1,000,000. d. Bumbershoot (AKA Umbrella) – This is an additional line of coverage that would sit over the Marine GL, P&I, EL and Vessel pollution, and operates similarly to that of an Umbrella policy. $1,000,000 would be our minimum requirement, but recommend at least $5,000,000. e. USL&H and Workers Compensation: Prior to the commencement of work, the Contractor shall obtain Workers Compensation insurance with limits sufficient to response to applicable state statutes. All of the Contractor’s employees as well as any subcontractor employees must be insured under USL&H where necessary. In addition, the Contractor shall obtain Employers’ Liability insurance. Coverage shall be maintained throughout the entire term of the contract. Minimum limit requirements are as followed: i. Part One: Statutory ii. Part Two: Bodily Injury by Accident $ 500,000 iii. Bodily Injury by Disease - Policy Limit $ 500,000 iv. Bodily Injury by Disease - Each Employee $ 500,000 v. WCUSLH US Longshoreman & Harbor Workers Act – Same as Employers Liability vi. WCJA Federal Jones Act – Same as Employers Liability Other Insurance Provisions. f. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #09-21 P.O. Box 4748 Clearwater, FL 33758-4748 g. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. h. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. i. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or DETAILED SPECIFICATIONS Marine Vessel Removal Services 22 RFP #09-21 to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Marine Vessel Removal Services 23 RFP #09-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2021 - January 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Marine Vessel Removal Services 24 RFP #09-21 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Qualifications and Experience. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the Contractor’s inability to meet some of the requirements of the specifications. c. References – A minimum of three (3) references, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. 2. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. a. Resumes, including relevant experience may be included. TAB 3 – Facilities and Equipment. Clearly describe the vessels, vehicles, trailers, equipment, and facilities intended to be used for the services listed herein. Provide pictures of vessels, trailers, equipment, established facilities, and other documentation, including certificates, to assist during proposal evaluations to include proof of ownership and/or valid lease agreements for facilities. TAB 4 – Capacity for Contract. Clearly describe your understanding of and ability to accommodate and respond to requests for Marine Vessel Removal, Towing, Storage and Disposal Services. TAB 5 - Pricing Sheet (Exhibit A - Pricing). The cost portion of the proposal should include the following elements: 1. Completed and Signed Exhibit A - Pricing Sheet 2. A listing of any and all additional charges not specifically identified in Exhibit A - Pricing Sheet. RESPONSE ELEMENTS Marine Vessel Removal Services 25 RFP #09-21 TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. Copies of licenses and/or certifications 6. Scrutinized Companies Form 7. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Marine Vessel Removal Services 26 RFP #09-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Marine Vessel Removal Services 27 RFP #09-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Marine Vessel Removal Services 28 RFP #09-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Marine Vessel Removal Services 29 RFP #09-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Marine Vessel Removal Services 30 RFP #09-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Marine Vessel Removal Services 31 RFP #09-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #09-21, Marine Vessel Removal, Towing, Storage, and Disposal Services Due Date: December 9, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #09-21, Marine Vessel Removal, Towing, Storage, and Disposal Services Due Date: December 9, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9093 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Authorize the Clearwater Police Department (CPD) to accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Department’s Naloxone (Narcan) supply in the valued amount of $11,800 and authorize the appropriate officials to execute same. (consent) SUMMARY: In April 2021, the Resource Management Committee approved submission of a grant application under the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program. That grant is now awarded and CPD seeks approval to accept it. The Opioid crisis has significantly impacted the State of Florida and Pinellas County. In 2018, there were 238 opioid-related deaths in Pinellas County, up from 150 in 2015. Pinellas County EMS reported 5,306 overdose related transports in 2019. Clearwater Police Department Officers and Clearwater Fire/Rescue respond to opioid related overdose calls for service on a routine basis. In 2016, the Clearwater Police Department became the first law enforcement agency in the Tampa Bay Region to deploy opioid antagonist Naloxone, commonly referred to as Narcan, to selected field personnel. In 2017, the Police Department equipped all field personnel with this life saving drug. In 2019, Clearwater Police Department personnel deployed Narcan 21times and responded to over 280 specific overdose incidents. In 2020, Clearwater Police Department personnel deployed Narcan 26 times and responded to 279 specific overdose incidents. Providing opioid antagonists, such as Narcan, is a central tenant of the Pinellas County Opioid Task Force’s Strategic Plan. In January 2021, the Florida Police Chiefs Association (FPCA) made available the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program to municipal Police Departments. The Police Department applied for, and received, a similar grant award through the HEROS Program in 2018 and, again, in 2020. The Clearwater Police Department applied for this grant to replace its current Narcan supply; the majority of this supply is set to expire in September 2021. The Clearwater Police Department was awarded a grant allotment, to replace 295 packages of Narcan Nasal Spray (Naloxone HCI, 4mg) or 590 doses. Each officer/field personnel is equipped with two doses of Page 1 City of Clearwater Printed on 5/6/2021 File Number: ID#21-9093 this life saving drug. The approximate value to the grant award is $11,800. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Page 2 City of Clearwater Printed on 5/6/2021 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Ron DeSantis Governor Scott A. Rivkees, MD State Surgeon General Vision: To be the Healthiest State in the Nation April 9, 2021 Daniel Slaughter Clearwater Police Department 645 Pierce Street Clearwater, Florida 33755 Dear Daniel Slaughter: The Department of Health is pleased to award emergency opioid antagonists to your agency through the Helping Emergency Responders Obtain Support (HEROS) Program. The purpose of this program is to reduce the number of drug/opioid overdose-related deaths and adverse events by providing emergency responders with the appropriate pharmaceutical resources to address this crisis. Your agency has been approved to receive the following emergency opioid antagonist: Quantity (Doses) Type 590 Intranasal Dose: 4 mg/.1mL Package Size 1 package contains 2 doses 0 Luerlock Pre-filled Syringe Dose: 1 mg/mL Package Size 1 package contains 10 doses 0 MIN-I-JET Dose: 1 mg/mL Package Size 1 package contains 10 doses 0 Vial Dose: .4 mg/mL Package Size 1 package contains 25 doses Your agency must meet the following requirements before April 30, 2021 to receive the award: • Awardees must register for the Minnesota Multi-State Contracting Alliance for Pharmacy Agreement (MMCAP). MMCAP's primary function is to provide a full range of pharmaceuticals to its participating agencies. MMCAP participation is free of charge and applicants may register at http://www.mmd.admin.state.mn.us/MMCAP/background/NewMemberInfo.aspx. • Licensed EMS agency applicants must have the ability to report naloxone administrations through the Emergency Medical Services Tracking and Reporting System (EMSTARS) to document naloxone administrations. All other applicants must have the ability to report to the Washington/Baltimore High Intensity Drug Trafficking Overdose Detection Mapping Application Program (OD Maps) identified in Chapter 401.253(1), Florida Statutes. Applicants may register for OD Maps free of charge at http://www.hidta.org/odmap/. Applications may be approved for funding pending registration with OD Maps or software upgrades pending for EMSTARS. Florida Department of Health Division of Emergency Preparedness and Community Support Director’s Office 4052 Bald Cypress Way, Bin A-22 • Tallahassee, FL 32399-1722 PHONE: 850/245-4440 • FAX: 850/245-4378 FloridaHealth.gov Helping Emergency Responders Obtain Support (HEROS) Program Page Two April 9, 2021 Your agency’s requirement status is listed below: Status Requirements Yes MMCAP Yes Reporting Requirement Your agency is required to meet the MMCAP and the reporting requirements (either EMSTARS or OD Maps). If the Department’s records reflect both requirements met, the Department will ship the emergency opioid antagonist between February and April to the shipping address that was provided in your submitted application. The Department will not ship the emergency opioid antagonist until the Department verifies that both requirements have been met. Upon receiving the product, a designated person shall compare the shipping invoice with the products and quantities received. This person shall verify the shipment and certify the receipt. Any discrepancies (including shortages, overages, or incorrect product) between the listed quantity shipped and the actual quantity received must be noted with notification sent to Cardinal_Invoices@flhealth.gov the same day. Copies of the invoices/packing slips should be scanned and emailed to Cardinal.Invoices@flhealth.gov. This documentation must be signed by the party responsible for receiving, dated with the receiving date and the discrepancy noted. Your agency must agree to return to the address below, all expired, obsolete, or contaminated emergency opioid antagonist provided through this program. Please complete the attached Narcan Return Form. The form may also be found on the HEROS Program’s website. Place the completed form in the box with the product to be returned and retain a copy for your records. Send the package to the address below: Florida Department of Health Bureau of Public Health Pharmacy 104-2 Hamilton Park Drive Tallahassee, Florida 32304 Attention: Central Pharmacy Quarantine Thank you for your participation in this state HEROS Program. If you need assistance, please contact the Division of Emergency Preparedness and Community Support, HEROS Support Coordinator, Olivia Eakin at 850-558-9774 or Olivia.Eakin@flhealth.gov. Sincerely, Doug Woodlief Division Director Emergency Preparedness and Community Support Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9094 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve the final plat for Elevate SafePoint, whose physical address is 1551/1555/1559 Union Street, located on the south side of Union Street approximately 900 feet east of Highland Avenue. (consent) SUMMARY: This will be a 2-lot plat for an assisted living facility and an independent living facility. This project site is currently unplatted lands consisting of three separate parcels. The project site consists of 7.00 acres M.O.L. This development was approved through the Development Review Committee on December 19, 2020 and the Community Development Board on January 19, 2021. Page 1 City of Clearwater Printed on 5/6/2021 DunedinClearwater UNION ST N HIGHLAND AVE SOUVENIR DR BYRAM DR PLATEAU RD POWDERHORN DR PICARDY CIR PINE PL FLORA RD WINDSOR DR STRATHMILL DR HUNTINGTON LN KRUSE LN CUMBERLAND LN TALISKER DR RIDGELANE RD PARAGON CIR EBOWMORE DR PARAGON CIR WBYRAM CIR PARAGON CIR S HIGHLAND CIR LOCATION MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\Plats\Plats for Recording\ElevateSafepoint\ElevateSafePointPlatReview\Elevate SafePoint Plat.mxd ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Elevate SafePoint Plat Page 1 of 1Date:4/14/2021CRMMap Gen By:02-29s-15eS-T-R:TMReviewed By:252AGrid #: Plat Location ^ PLAT BOOK: PAGE: ELEVATE SAFEPOINT A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, THENCE RUN SOUTH 00°09'21" EAST, A DISTANCE OF 33.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 89°09'36" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET, A DISTANCE OF 418.03 FEET TO THE NORTHWEST CORNER OF LOT 63, WALDEN WOODS PLAT, AS RECORDED IN PLAT BOOK 70, PAGE 49, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE OF UNION STREET, RUN SOUTH 00°05'24" EAST, ALONG THE WEST BOUNDARY LINES OF LOTS 52 THROUGH 63, OF SAID WALDEN WOODS PLAT, A DISTANCE OF 730.26 FEET TO THE INTERSECTION OF LOTS 50 AND 52, OF SAID WALDEN WOODS PLAT,· THENCE RUN NORTH 89°15'23" WEST, ALONG THE NORTH BOUNDARY LINE OF LOTS 44 THROUGH 50, OF SAID WALDEN WOODS PLAT, A DISTANCE OF 417.40 FEET TO THE NORTHWEST CORNER OF SAID LOT 44 OF SAID WALDEN WOODS PLAT; THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID WALDEN WOODS PLAT, RUN NORTH 00°08'20" WEST, A DISTANCE OF 730.86 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET AND THE POINT OF BEGINNING. CONTAINING 7.00 ACRES MORE OR LESS. DEDICATION ELEVATE SAFEPOINT, LLC, A LIMITED LIABILITY CORPORA T/ON, AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA ("OWNER'1, HEREBY STA TES AND DECLARES THAT IT IS THE FEE SIMPLE OWNER OF ALL LANDS REFERENCED HEREON AS ELEVATE SAFEPOINT, LLC, AS DESCRIBED IN THE LEGAL DESCRIPTION WHICH IS A PART OF THIS PLAT AND MAKES THE FOLLOWING OED/CATIONS: 1.OWNER DOES FURTHER GRANT, CONVEY AND DEDICATE TO THE CITY OF CLEARWATER AND PINELLAS COUNTY,FLORIDA, A PERPETUAL EASEMENT OVER AND ACROSS ALL STREETS FOR ANY AND ALL GOVERNMENTALPURPOSES INCLUDING (WITHOUT LIM/TAT/ON) FIRE AND LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES. 2.OWNERS DO FURTHER GRANT, CONVEY, AND DEDICATE TO THE CITY, STATUTORILY AUTHORIZED PUBLICUTILITY ENTITIES AND ALL LICENSED PRIVATE UTILITY ENTITIES A NON-EXCLUSIVE, UNOBSTRUCTED UTILITY EASEMENT FOR TELEPHONE, ELECTRIC, CABLE TELEVISION, WATER, SEWER, STREET LIGHTS, FIRE PROTECTION AND OTHER UTILITIES OVER AND ACROSS THOSE PORTIONS OF THE PLAT SHOWN AS "UTILITY EASEMENI'', ANDIDENTIFIED HEREON FOR SUCH PURPOSES, THE USE AND BENEFIT OF WHICH SHALL EXTEND AND INURE TO THEBENEFIT OF THE COUNTY, STATUTORILY AUTHORIZED PUBLIC UTILITY ENTITIES AND ALL DULY LICENSED PRIVATEUTILITY COMPANIES. IN THE EVENT UTILITY IMPROVEMENTS ARE CONSTRUCTED WITHIN SUCH UTILITY EASEMENTAREAS, IT SHALL BE THE RESPONSIBILITY OF THE UTILITY ENTITIES TO REPAIR OR REPLACE SAID UTILITYIMPROVEMENTS AS NECESSARY FOR MAINTENANCE OF SAID UTILITIES. OWNER ELEVA TE SAFEPOINT, LLC, A FLORIDA LIMITED LIABILITY COMPANY BY: __________ _ BRYN WESCH, PRESIDENT WITNESS NAME SIGNATURE WITNESS NAME SIGNATURE ACKNOWLEDGMENT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF ______ , 2021. BY BRYN WESCH, AS PRESIDENT, ELEVA TE SAFEPOINT , LLC, ON BEHALF OF THE CORPORATION, WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED A FLORIDA DRIVERS LICENSE AS /DENT/FICA TION. SIGNATURE NOTARY PUBLIC -STATE OF FLORIDA , ID LB LS NO. O.R. PRM PSM R/W SPC TYP 0 1,.8 IDENTIFICATION LEGEND � LICENSED BUSINESS NUMBER LICENSED SURVEYOR NUMBER OFFICIAL RECORDS PERMANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR AND MAPPER RIGHT-OF-WAY STAT£ PLAN[ COORDINATE TYPICAL SU 5/8" IRON ROD {LB-1968) SU 4" X 4" CONCRETE MONUMENT (PRM LB-1968) � NOTES: •THE COORDINATE VALUES SHOWN HEREON WERE ESTABLISHED TO THIRD ORDER CLASS I ACCURACY AS DEFINED BY THE STANDARDS AND SPECIF/CA T/ONS FOR GEODETIC CONTROL NETWORKS, AS PUBLISHED BY THE FLORIDA GEODETIC COMMITTEE DATED SEPTEMBER 1984 OR LA TEST EDITION. •THE BEARINGS SHOWN ON THE PLAT ARE BASED ON STA TE PLANE COORDINATE VALUESPURSUANT TO ORDINANCE 06-03, ADOPTED BY THE BOARD ON FEBRUARY 28, 2006, REVISINGLAND DEVELOPMENT CODE 306.10 AND CODE 700.9B4f. •A 5/8" IRON ROD, WITH CAP AND/OR NAIL AND DISK, INSCRIBED WITH DA VRIS, INC LB-7968 SHALLBE SET AT EACH LOT CORNER, POINTS OF INTERSECT/ON AND CHANGES OF DIRECTION OF LINES WITHIN THE SUBDIVISION AS REQUIRED BY CHAPTER 177 OF THE FLORIDA STATUTESWITHIN THE TIME ALLOTTED IN S. 177.091(9). •BASIS OF BEARINGS -BEARINGS ARE REFERENCED TO THE SOUTH RIGHT-OF-WAY LINE OFUNION STREET, BEING SOUTH 89°09'36" EAST (GRID). •ALL PLATTED UTILITY EASEMENTS SHALL PROVIDE THAT SUCH EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCT/ON, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION,MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THEFACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. INTHE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, ITSHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. THIS SECTION SHALL NOT APPLY TOTHOSE PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC,TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. SUCH CONSTRUCT/ON, INSTALLATION,MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE NA T/ONAL ELECTRICAL SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION. •"NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THESUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED INAUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BEADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND INTHE PUBLIC RECORDS OF THIS COUNTY." •THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTYTHAT MAY OF MAY NOT BE FOUND IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. NOTES: GENERAL EASEMENT STATEMENT FOR TOWNHOMES, CONDOMINIUMS AND APARTMENT COMPLEXES 1.THERE IS HEREBY CREATED AN INGRESS AND EGRESS EASEMENT FOR FIRE AND EMERGENCYVEHICLES, PUBLIC OFFICIALS, UTILITY COMPANIES, AND THE CITY OF CLEARWATER, FOR SANITATIONSERVICES AND UTILITY MAINTENANCE OVER AND ACROSS ALL PAVED SURFACES, LOCATED ON THELANDS DESCRIBED HEREON. 2.NO PERMANENT PRIVATE STRUCTURES INCLUDING MASONRY OR CONCRETE BLOCK FENCES ARE TO BE LOCATED WITHIN EASEMENTS. UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THECONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES;PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, /NSTALLA T/ON, MAINTENANCE, AND OPERATION OFCABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF ANELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISIONPROVIDER DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FORTHE DAMAGES. 3.A TEN (10) FOOT WATER MAIN EASEMENT LYING FIVE (5) FEET ON EACH SIDE OF WATER MAINS, AS THEY ARE LOCATED FROM TIME TO TIME, UP TO AND INCLUDING ALL HYDRANTS AND METERS,EXCEPT WHERE SUCH MAINS AND RELATED WATER FACILITIES MAY LIE UNDER STRUCTURES. [THIS IS A NON-PLOTTABLE, "BLANKET TYPE" EASEMENT THAT AFFECTS THE ENTIRE SUBJECT PROPERTY]. CERT/FICA TE OF APPROVAL OF COUNTY COMMISSION STATE OF FLORIDA COUNTY OF PINELLAS IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PINELLAS, FLORIDA, THIS ____ DAY OF -----� 2021. APPROVED: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA BY: ___________ _ DEPUTY CLERK CERT/FICA TE OF APPROVAL OF COUNTY CLERK STATE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, CLERK OF THE CIRCUIT COURT OF PINELLAS COUNTY, FLORIDA, HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE STATUTES OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK ---� PAGE(S) ___ � PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THIS DAY OF 2021. KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA BY: ____________ DEPUTY CLERK SURVEYOR'S REVIEW FOR CONFORMITY CHAPTER 177, PART 1, FLORIDA STATUTES: PURSUANT TO SECTION 177.081, FLORIDA STATUTES, I HA VE REVIEWED THIS PLAT FOR CONFORMITY TO CHAPTER 177, FLORIDA STATUTES, AND FIND THAT SAID PLAT COMPLIES WITH THE TECHNICAL REQUIREMENTS OF THAT CHAPTER; PROVIDED, HOWEVER, THAT MY REVIEW DOES NOT INCLUDE FIELD VER/FICA T/ON OF ANY OF THE COORDINATES, POINTS OR MEASUREMENTS SHOWN ON THIS PLAT. THOMAS L. MAHONY FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6289 -STATE OF FLORIDA CITY OF CLEARWATER, ENGINEERING DEPARTMENT SURVEYOR'S CERT/FICA TE DATE I, CHRISTOPHER C. CHITTUM, OF DA VRIS, INC., MAKER OF THIS PLAT, DO HEREBY CERTIFY THAT THIS IS A CORRECT REPRESENTATION OF THE LANDS SURVEYED, THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND SUPERVISION AND THAT THE PLAT COMPLIES WITH ALL OF THE SURVEY REQUIREMENTS OF CHAPTER 177, PART 1, FLORIDA STATUTES. I FURTHER CERTIFY THAT THIS PLAT MEETS ALL MATERIAL, IN COMPOSITION, REQUIRED BY FLORIDA STATUTES 177.091; THAT PERMANENT REFERENCE MONUMENTS (PRM'S) AND ALL LOT CORNERS WERE SET ON THE 11TH DAY OF FEBRUARY, 2021, AND ARE SET IN ACCORDANCE WITH FLORIDA LAW, AS SHOWN HEREON. SIGNED AND SEALED ON THIS ___ DAY OF _______ , 2021. CHRISTOPHER C. CHITTUM FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER PSM 5167 -STATE OF FLORIDA DAVRIS, INC. -CERT/FICA TE OF AUTHORIZATION LB-7968 DAVRIS, INC. 5830 NEBRASKA AVENUE NEW PORT RICHEY, FWRIDA 34652 (727)232-3800CERTIFICATE OF AUTHORIZATION LB-7968 WWW.DAVRISINC.COM TW@DAVRJSJNC.COM SHEET 1 OF 2 ELEVATE SAFEPOINT A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1 /4 SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, OF FLORIDA STATE PLANE COORDINATES ,.-POINT OF COMMENCEMENT SPC NO. 1 -SU 4" X 4" CONCRETE MONUMENT (PRM LB-7968} NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2-29-15 NORTHING = 1332485.98 EASTING = 406574. 75 UNION STREET SPC NO. 2 -SU 4" X 4" CONCRETE MONUMENT (PRM LB-7968)17 ___ __ ____ _ _ _ _ _ (RIWVARIES) � c:, NORTH LINE OF SECTION 2-29-15,._:r . ---. --------NORTHING = 1332479.86 EASTI NG = 406992. 73 500'09'21"E 33.00'� � 1SOUTH R/W LINE OF UNION STREET SU 4" X i;R��1/i:1f2o��M&:r;.f;�R:3 LB-7953) UTILITY EASEMENT LINE TABLE LINE LENGTH BEARING L1 32.10' N89'09'36"W L2 32.50' 500'05'24"£ LJ 10.33' S20'27'19"£ L4 262.71' 500'05'24"£ L5 49.24' S45'23'23"W L6 68.40' 500'05'24"£ L7 16.81' 589 '45 '35 "W LB 10.00' Noo·14'2s"w L9 6.84' N89'45'35"E LIO 55.51' N00'05'24"W L11 101.85' S89'44'59"W L12 44.56' S00'14'25"£ L13 10.00' S89'45'35"W L14 44.56' N00'14'25"W L15 124.36' S89'44'59"W L16 44.23' S00'00'49"E L17 10.00' S89'59'11"W L18 44.19' N00'00'49"W L19 34.0J' S89'44'59"W L20 47.39' N44'36'37"W L21 242. 74' N00'05'24"W L22 40.68' N45'2J'23"E L23 315.97' N89'54'36"E L24 38.24' N00'05'24"W L25 10.00' S89 '09 '36 "E L26 10.63' 519·51'50"£ L27 36.29' S00'05'24"£ L28 14.80' S89'45'56"W L29 10.00' S00'14'04"t LJO 14.77' N89'45'56"E L31 206.J3'500'05'24 "E LJ2 45.11'S45'23'2J''w LJ3 279.01'589 '44 '59 "w LJ4 39.09'N44'36'37"W LJ5 234.45'N00'05'24"W LJ6 32.39'N45'23'23"E LJ7 315.48'N89'54'36"E ---_ SPC N°--1__; \ 589'09'36"E (BASIS OF BEARINGS) 418.03' j _ WALDEN WOODS (PLAT BOOK 70, PAGE 49) POINT OF BEGINNING____.,/ r--r=---__ s39·o9'35"E ___ __7_9_!_73' _ _ _ _ '',40.00' r' S89'09'36"E 186.30' : j I L7 __.{, ,----SU 4" X 4" CONCRETE MONUMENT (PRM LB-7968) I ·/----r:---------s-----.H..:t-,-1 I l'v--SPC NO 2 UNPLATTED LANDS PORTION OF SECTION 2-29-15 (O.R. BOOK 20419, PAGE 1842) I I I 70' UTILITY EASEMENT �I I L25 _, "" I I • I _, I ,,.- -J -------l.2� --L ---1---------------::.3 \Gl I : ;1,;/1,,,.--[7; UTILIT;EASEMENT---7----i--Ul --------_L26 -----jl � I 11 1 I ( /""3 -� I ( I I -.JI I I LOT63 I I I L2� I I I I I I � I �� II II :::---WEST BO�;ARY LINES OF LOTS 52 THROUGH 63l;, I I I · vi::;; <o uo'I <o WALDEN WOODS (PLAT BOOK 70, PAGE 49) ;;: I I I I� � bl �I I IC, "'I I I •:;i �'5 :;i I I I� �� I .,I I I I vi� I I I I LOT62 I I I � a.: 5I I I I I I I � a'. I I I ------- 1 I I ! � LOT 2 : I I I I I ""'::: I (3.24 ACRES MORE OR LESS) I I I I I i:! I I:';-1 I i 7' i I I "" � I I ,-1 I _,I I_, ,__ I r,:i:I � II II I,� _,,,I � I II �I � ,__ :;i ':;i-bl I �I� I I i5 I;,. ;,.I c5 I I�21 ,_ I I� � � t I I��1�11� I� :ill i:!1 1 1sllt :::i ll !�Iii:! I I 2 1 1 _ i-----I I :::i I I1 I I 2 I I I II -I µ I I : 1 � I I ) j LOT61 LOT60 LOT59 l '< I I ":,i / / I <�d' '<7 I I \;1/�/ SU 5/8" IRON ROD (LB-7968)\ � 589,46 ,1'a.,� ', 188.47' • 40_00, \S89'46'10"W _// /'; 189.21' ------__ __ _ � N89'46'1""E L33 41768' ( I I --r--1 SU 5/8" IRON ROD (LB-7968) ---t UNPLATTED LANDS PORTION OF SECTION 2-29-15 (D.R. BOOK 19885, PAGE 1700) SET 4" X 4" CONCRETE MONUMENT (PRM LB-7968) NORTHWEST CORNER OF LOT 44 WALDEN WOODS (PLAT BOOK 70, PAGE 49) -I '----""T.197 1 -""' 'T.1s---7 1-. u1 ----7 I I I I ,,. I I"" 0 1 i<c, n I LOT58 ! l I I I I ' I �I I� ::; I I::; ::;1 -_, _, I I I I I I --1 l---10' UTILITY EASEMENT----! i-i LJ L J L9 }J I I I I--I L17 L73 I I ri5 I �I"' Ic5 I I ':l L _J I L7 LOT57 I I II LOTJ (3.76ACRES MORE OR LESS) ,__ I ------I • C, 2 I��I 0, • "' ... I � LOT56 I f; I � ----- 1 IIIII LOT55 I�--·'--I I l" I�I f;I� LOT54 I -----1 I I I I I I I LOT53 I I I I -- 1 i--- 1 I �n L _[10' UTILITY EASEMENT I - -------------------- -----______________ J I I r----SET 4" X 4" CONCRETE MONUMENT (PRM LB-7968) LOT44 l V INTERSECTION OF LOTS 50 AND 52 I j I N89'15'2J"W I I 41740' T ,J I _ WALDEN WOODS (PLAT BOOK 70, PAGE 49) I I NORTH BOUNDARY LINES OF LOTS 44 THROUGH 50 \--- __ _ WALDEN WOODS PLAT (PLAT BOOK 70, PAGE 49) I j I I I I LOT45 I LOT46 I LOT47 I LOT48 I LOT49 I LOT50 LOT 51 I I I WALDEN whoDs I I !�(PLATBOOK70,PAGE49)--�1--------+1-------+1---- ID LB LS NO. O.R. PRM PSM R/W SPC TYP 0 �El PLAT BOOK: PAGE: �4 50'0 25'I I SCALE: 1" = 50' ID[NTIFICATION LEGEND � LICENSED 8US/N[SS NUMBER LICENSED SURVEYOR NUMBER OFFICIAL RECORDS PERMANENT Rff[R[NC[ MONUMENT PROFESSIONAL SURVEYOR AND MAPPER RIGHT-OF-WAY STAT[ PLANE COORDINA T[ TYPICAL SET 5/8" IRON ROD (LB--7968) SET 4" X 4" CONCRETE MONUMENT (PRM LB--1968) � DAVRIS, INC. 5830 NEBRASKA AVENUE NEW PORT RICHEY, FLORIDA 34652 (727)232-3800CERTIFICATE OF AUTHORIZATION LB-7968 WWW.DAVRISINC.COM TW@DAVRISJNC.COM SHEET 2 OF 2 50'I Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9095 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve the final plat for Leeks Thomas Estates, whose physical address is 511-517 Virginia Lane, located on the east side of Virginia Lane approximately 300 feet south of Gulf to Bay Boulevard. (consent) SUMMARY: This plat will create four single family residential lots from three unplatted parcels. The property is currently vacant land in a Low Medium Density Residential zoning. The project site consists of 0.64 acres M.O.L. This development was approved through the Development Review Committee on February 4, 2021. Page 1 City of Clearwater Printed on 5/6/2021 DRUID RD S KEENE RD RAINBOW DR S ARCTURAS AVE GULF-TO-BAY BLVD PHOENIX AVE BROOKSIDE DR S MARS AVE FLORIDA AVE S ORION AVE S METEOR AVE PINE ST S CORONA AVE S PEGASUS AVE VIRGINIA LN SHADY LN S VENUS AVE TURNER ST PARKLAND AVE LOCATION MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Leeks Thomas Estates Plat.mxd ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Leeks Thomas Estates Plat Page 1 of 1Date:3/23/2021CRMMap Gen By:13-29s-15eS-T-R:TMReviewed By:298AGrid #: Plat Location ^ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9096 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve the final plat for Aventon Clearwater, whose physical address is 24323 / 24479 US Highway 19 North, located on the east side of US Highway 19 North approximately 800 feet north of Sunset Point Road. (consent) SUMMARY: This will be a 3-lot plat for the development of apartment homes. The project site is currently unplatted lands consisting of two separate parcels. The project site consists of 26.23 acres M.O.L. This development was approved through the Development Review Committee on March 11, 2021. Page 1 City of Clearwater Printed on 5/6/2021 SOULELAWSONDRD RCIRWOODRING SOUTH DRHARBOR DRDRDRDR C R -5 76 DIANE TERDRCENTERVIEWCT S DR CT N HAAS AVE SR-55US HWY 19BLACKBURNRD McCORMICK ROBINWOODSECONDWAY CHELSEA DR CAMDEN RDSTCAMDENRD SOULERDEUNION ST SUNSET POINT RD LOCATION MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Aventon Clearwater Plat.mxd ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Aventon Clearwater Plat Page 1 of 1Date:4/29/2021CRMMap Gen By:05-29s-16eS-T-R:TMReviewed By:255AGrid #: Plat Location ^ 701 S. Howard Avenue, Suite 106-320 Tampa, FL 33606 813-515-0821 MRICSpatial.com Licensed Business #8325 CERTIFICATE OF APPROVAL OF COUNTY CLERK STATE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, CLERK OF THE CIRCUIT COURT OF PINELLAS COUNTY, FLORIDA, HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE STATUTES OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK____, PAGE(S)____, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THIS ____DAY OF______________ , 2021 . KEN BURKE, CLERK BY: __________________________ PINELLAS COUNTY, FLORIDA DEPUTY CLERK __________________________ PRINTED NAME SURVEYOR'S REVIEW FOR CONFORMITY CHAPTER 177, PART 1, FLORIDA STATUTES: PURSUANT TO SECTION 177.081, FLORIDA STATUTES, I HAVE REVIEWED THIS PLAT FOR CONFORMITY TO CHAPTER 177, FLORIDA STATUTES, AND FIND THAT SAID PLAT COMPLIES WITH THE TECHNICAL REQUIREMENTS OF THAT CHAPTER; PROVIDED, HOWEVER, THAT MY REVIEW DOES NOT INCLUDE FIELD VERIFICATION OF ANY OF THE COORDINATES, POINTS OR MEASUREMENTS SHOWN ON THIS PLAT. _____________________ ____________ THOMAS L. MAHONY DATE FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6289 - STATE OF FLORIDA CITY OF CLEARWATER, ENGINEERING DEPARTMENT CERTIFICATE OF APPROVAL OF THE CITY COUNCEL STATE OF FLORIDA COUNTY OF PINELLAS IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, THIS ____ DAY OF ______________, 2021. APPROVED BY: _________________________ CITY MANAGER __________________________ PRINTED NAME SURVEYORS CERTIFICATE: I, THE UNDERSIGNED SURVEYOR, HEREBY CERTIFY THAT THIS PLATTED SUBDIVISION IS A CORRECT REPRESENTATION OF THE LAND BEING SUBDIVIDED; THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND SUPERVISION; THAT THIS PLAT COMPLIES WITH ALL THE SURVEY REQUIREMENTS OF CHAPTER 177, PART I, FLORIDA STATUTES, AND THE HILLSBOROUGH COUNTY LAND DEVELOPMENT CODE; AND THAT PERMANENT REFERENCE MONUMENTS (PRMS) AND LOT CORNERS WERE SET ON THE 12TH DAY OF NOVEMBER, 2019 AS SHOWN HEREON. ________________________________ PIERSON MONETTI DATE PROFESSIONAL SURVEYOR AND MAPPER NO. LS7227 CERTIFICATE OF AUTHORIZATION NO. LB8352 10901 SPUR CT, TAMPA, FL 33626 NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. DEDICATION: THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE OWNER OF THE ABOVE DESCRIBED TRACT OF LAND HEREBY PLATTED AS AVENTON CLEARWATER, THAT IT GRANTS TO THE CITY OF CLEARWATER, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, THE RIGHT TO USE ALL UTILITY AND DRAINAGE EASEMENTS AS SHOWN. ANY MAINTENANCE, REPAIR, OR REPLACEMENT RESPONSIBILITY RELATING TO PIPES, STRUCTURES, RETAINING WALLS, AESTHETIC AND VEGETATION CONSIDERATIONS, IN AND UPON DRAINAGE EASEMENTS ARE A PRIVATE FUNCTION NEITHER ASSIGNED NOR ACCEPTED BY THE CITY OF CLEARWATER. AND FURTHER DEDICATES A TEN (10) FOOT WATER MAIN EASEMENT LYING FIVE (5) FEET ON EACH SIDE OF WATER MAINS, AS THEY ARE LOCATED FROM TIME TO TIME, UP TO AND INCLUDING ALL HYDRANTS AND METERS, EXCEPT WHERE SUCH MAINS AND RELATED WATER FACILITIES MAY LIE UNDER STRUCTURES. [THIS IS A NON-PLOTTABLE, "BLANKET TYPE" EASEMENT THAT AFFECTS THE ENTIRE SUBJECT PROPERTY]. AND FURTHER DEDICATES AN INGRESS AND EGRESS EASEMENT FOR FIRE AND EMERGENCY VEHICLES, PUBLIC OFFICIALS, UTILITY COMPANIES, AND THE CITY OF CLEARWATER, FOR SANITATION SERVICES AND UTILITY MAINTENANCE OVER AND ACROSS ALL PAVED SURFACES, LOCATED ON THE LANDS DESCRIBED HEREON. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 19 HAVING A GRID BEARING OF N.01°02'28"E. THE GRID BEARINGS AS SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, NORTH AMERICA HORIZONTAL DATUM OF 1983 (NAD 83-1990 ADJUSTMENT) FOR THE WEST ZONE OF FLORIDA. 2.SUBDIVISION PLATS BY NO MEANS REPRESENT A DETERMINATION ON WHETHER PROPERTIES WILL OR WILL NOT FLOOD. LAND WITHIN THE BOUNDARIES OF THIS PLAT MAY OR MAY NOT BE SUBJECT TO FLOODING; THE DEVELOPMENT REVIEW DIVISION HAS INFORMATION REGARDING FLOODING AND RESTRICTIONS ON DEVELOPMENT. 3.THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY OR MAY NOT BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 4. PROPERTY IS SUBJECT TO AND BENEFITS FROM THE FOLLOWING: 1) EASEMENT GRANTED TO FLORIDA POWER CORPORATION, RECORDED IN OFFICIAL RECORDS BOOK 6553, PAGE 204, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PLOTTED HEREON SHEET 1 OF 2 SHEETS PLAT BOOK PAGE LYING IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA AVENTON CLEARWATER DESCRIPTION: A parcel of land lying in the Northwest 1/4 of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Northwest corner of said Northwest 1/4 of Section 5, run thence along the West boundary of said Northwest 1/4 of Section 5, S.01°02'46" W., a distance of 525.73 feet; thence S.89°46'06" E., a distance of 99.81 feet to point on the East right-of-way line of US HIGHWAY 19, said point also being to the POINT OF BEGINNING; continue thence S.89°46'06" E., a distance of 1237.71 feet to a point on the East boundary of the West 1/2 of aforesaid Northwest 1/4 of Section 5; thence along said East boundary, S.00°40'54" W., a distance 974.07 feet; thence N. 89°44'09" W., a distance of 1243.81 feet to a point on aforesaid East right-of-way line of US HIGHWAY 19; thence along said East right-of-way line, N. 01°02'28" E., a distance of 165.02 feet to a point on the South boundary of the Northwest 1/4 of aforesaid Northwest 1/4 of Section 5; thence along said South boundary, S.89°44'09" E., a distance of 214.01 feet; thence N. 00°29'32" E., a distance of 35.01 feet; thence N. 89°43'19" W., a distance of 73.63 feet; thence N. 01°01'17" E., a distance of 336.94 feet; thence S.89°43'19" E., a distance of 21.77 feet; thence N. 01°21'11" E., a distance of 24.48 feet; thence 9.81 feet along the arc of a non-tangent curve to the left, having a central angle of 86°55'51", with a radius of 6.47 feet, having a chord bearing of N. 46°05'36" W. and a chord distance of 8.90 feet; thence N. 89°43'19" W., a distance of 56.29 feet; thence 111.09 feet along the arc of a non-tangent curve to the right, having a central angle of 89°43'28", with a radius of 70.94 feet, having a chord bearing of N. 44°07'48" W. and a chord distance of 100.08 feet; thence N. 01°18'06" E., a distance of 76.07 feet; thence 44.14 feet along the arc of a non-tangent curve to the left, having a central angle of 91°29'52", with a radius of 27.64 feet, having a chord bearing of N. 44°43'48" W. and a chord distance of 39.60 feet to a point on aforesaid East right-of-way line of US HIGHWAY 19; thence along said East right-of-way line, N. 01°02'28" E., a distance of 230.23 feet to the POINT OF BEGINNING. Containing 26.231 acres, more or less. OWNER: SOUTHERN COMFORT PARK, INC., A FLORIDA CORPORATION BY:__________________________ WITNESS___________________________ PRINT NAME__________________________ WITNESS___________________________ PRINT NAME__________________________ ACKNOWLEDGEMENT OF OWNER: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY ON THIS _____ DAY OF _________________, 2021, A.D., BEFORE ME PERSONALLY APPEARED ___________________, AS PRESIDENT OF ---------------------, TO ME KNOWN TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE FOREGOING CERTIFICATE AND DEDICATION AND SEVERALLY ACKNOWLEDGED THE EXECUTION THEREOF TO BE THEIR FREE ACT AND DEED FOR THE USES AND PURPOSES THEREIN EXPRESSED: _________________________________ SIGNATURE _________________________________ PRINTED NAME _________________________________ TITLE _________________________________ SERIAL NUMBER, IF APPLICABLE NOTICE: NO PERMANENT PRIVATE STRUCTURES INCLUDING MASONRY OR CONCRETE BLOCK FENCES ARE TO BE LOCATED WITHIN EASEMENTS. UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF ABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION PROVIDER DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. UNPLATTEDU.S. HIGHWAY 19RIGHT-OF-WAY WIDTH VARIESEAST RIGHT-OF-WAY LINE(BASIS OF BEARINGS)SW CORNER OF THE NW 1/4 OF SECTION 5-29S-16E CCR#106335 POINT OF COMMENCEMENT NW CORNER OF THE NW 1/4 OF SECTION 5-29S-16E CCR#109544 UNPLATTED UNPLATTED UNPLATTED UNPLATTEDUNPLATTED PARKSIDE OFFICE PARK LAND CONDOMINIUM (CONDOMINIUM BOOK 147, PAGE 76) THE ELKS (PLAT BOOK 95, PAGE 90)S01°02'46"W 2668.17'S01°02'46"W 525.73'S89°46'06"E 99.81' 6 ( 1 : 1 ( 6 ( L1L21 ( L3L4 C 1L5 C 2L6C 31 ( 132.17'98.06'79.00'86.02'350.01'646.86' L7 L8N90°00'00"E 331.57'S00°00'00"E 327.37'N90°00'00"W 214.40' L9 L10N90°00'00"E 296.99'L 1 1 S00°00'00"E 104.16'POINT OF BEGINNING WEST BOUNDARY OF THENW 1/4 OF SECTION 5-29S-16EEAST BOUNDARY OF THEWEST 1/2 OF THE NW 1/4OF SECTION 5-29S-16E6 : SOUTH BOUNDARY OF THE NW 1/4 OF THE NW 1/4 OF SECTION 5-29S-16E LOT 1 2.580 ACRES ± LOT 2 22.762 ACRES ± LOT 3 0.889 ACRES ± WETLAND LINE PUBLIC STATE WATERS EASEMENT & WETLAND CONSERVATION AREA 1.312 ACRES ± PUBLIC STATE WATERS EASEMENT & WETLAND CONSERVATION AREA 0.889 ACRES ± 226.62'211.91'13.36'748.80'197.17'981.59' L24 L25L26L27L28L29L30L31 L32 L 3 3L34L35L36L37L 3 8 WETLAND LINE L12 L13L1 4L15 L16 L17L18L19 L20 L21 L22 L23 10' FLORIDA POWER EASEMENT (O.R. 6553, PAGE 204) 58.95' 20.32' WETLAND SETBACK LINE WETLAND SETBACK LINE WETLAND BUFFER WETLAND BUFFER L39L40 L41L4 2L43L44 L45L46 L47 L48L49L50 C4 C5 C6L51L52L53L54L55L56L57L58L59L60L 61 L 6 2L63L64L65L66L67L68 CURVE TABLE CURVE # C1 C2 C3 C4 LENGTH 9.81' 111.09' 44.14' 30.18' RADIUS 6.47' 70.94' 27.64' 46.74' DELTA 086°55'51" 089°43'28" 091°29'52" 036°59'51" CHORD DIRECTION N46°05'36"W N44°07'48"W N44°43'48"W N69°54'58"E CHORD LENGTH 8.90' 100.08' 39.60' 29.66' LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 LENGTH 35.01' 73.63' 21.77' 24.48' 56.29' 76.07' 33.16' 53.03' 40.46' 27.49' 15.56' 35.99' 79.98' 17.94' 167.91' 44.37' 31.48' 65.94' 15.10' 34.72' 30.46' 35.03' 51.45' 32.51' 48.63' 71.81' 52.17' 28.19' 56.36' 140.94' 84.88' 41.80' 63.11' 60.25' DIRECTION N00°29'32"E N89°43'19"W S89°43'19"E N01°21'11"E N89°43'19"W N01°18'06"E N90°00'00"E N00°00'00"E N90°00'00"E N00°00'00"E S45°00'00"E N57°52'16"E N09°47'48"E N51°16'59"W N00°00'00"E S80°34'00"E S05°17'57"E S09°58'53"E S22°49'41"E S85°45'36"E N82°36'22"E N60°37'01"E N50°32'57"E N29°29'41"W N01°18'20"W N13°00'45"W N07°33'43"W N16°53'02"E N09°57'45"E N02°24'56"W N31°41'47"W N58°46'17"W N45°09'45"W N13°33'13"W LINE TABLE LINE # L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 LENGTH 43.58' 51.35' 25.78' 14.41' 25.98' 20.38' 62.71' 16.11' 195.17' 16.36' 22.46' 1.66' 42.07' 5.24' 13.24' 6.75' 9.14' 13.93' 52.94' 44.52' 8.34' 64.05' 108.06' 21.07' 33.35' 10.02' 70.56' 54.09' 67.28' 34.35' 43.69' 24.12' 33.44' 39.79' DIRECTION N02°13'49"E N08°04'04"W N14°36'00"W N38°04'37"W N45°00'00"E N57°52'30"E N09°47'48"E N51°16'59"W N00°00'00"E N86°53'18"E S89°07'45"E N86°39'46"E N89°53'44"E N81°38'47"E N85°53'52"E N88°36'45"E N00°08'04"E N06°31'31"E N00°15'49"W N07°40'59"W N14°22'13"W N24°41'21"E N02°24'56"W N31°41'47"W N71°32'39"W N27°41'31"W N32°35'08"W N45°09'45"W N13°33'13"W N02°13'49"E N18°36'03"W N45°00'00"W N90°00'00"W N00°00'00"E PLAT BOOK PAGE 0Scale: 1" = 80'80'160'701 S. Howard Avenue, Suite 106-320 Tampa, FL 33606 813-515-0821 MRICSpatial.com Licensed Business #8325 SHEET 2 OF 2 SHEETS LYING IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA AVENTON CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9075 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) Work Order to Metzger and Willard, Inc., of Tampa, Florida, in the amount of $256,542.00 for Local Limits and WRF Permit Renewals (21-0007-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: Metzger + Willard, Inc. (MWI), will assist the city with renewing the Florida Department of Environmental Protection (FDEP) operating permits for the Northeast Water Reclamation Facility (WRF), East WRF and Marshall Street WRF. The operating permits must be renewed every five years. MWI will also assist the City with re-evaluation of the local limits for the City’s Industrial Pretreatment Program. The local limits must be evaluated concurrent with the WRF permit renewal cycles required by FDEP. APPROPRIATION CODE AND AMOUNT: 4211354-530100 $ 43,686.50 4211355-530100 $ 43,686.50 4211356-530100 $ 39,451.50 4211353-530100 $129,717.50 Funds are available in Public Utilities cost centers 530100 Professional Services to fund the work order. Page 1 City of Clearwater Printed on 5/6/2021 Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 1 of 14 Revised: 2/8/2021 CONSULTANT WORK ORDER Date: 04/02/2021 1. PROJECT INFORMATION: Project Title: WRF Permits and Local Limits Renewals City Project Number: 21-0007-UT City Plan Set Number: N/A Consultant Project Number: 22610.21 2. SCOPE OF SERVICES: Metzger + Willard, Inc. (MWI), will aid the City of Clearwater with the renewal of the following operating permits for the following Water Reclamation Facilities (WRF): FACILITY PERMIT NUMBER EXPIRATION DATE Northeast WRF FL0128937 July 1, 2022 East WRF FL0021865 June 21, 2022 Marshall Street WRF FL0021857 February 1, 2022 Note: The reclaimed water system is permitted under FL0186261, the Master Reuse System Permit and will not be re-permitted as a part of this Work Order. MWI will also aid the City of Clearwater with the re-evaluation of the Local Limits for the City’s Industrial Pretreatment Program. PART A. HEALTH & SAFETY PLAN MWI will prepare and submit a Health & Safety Plan, which may include at a minimum the following: a. Project Team Organization and Responsibilities with contact information b. Hazards Analysis 1. General 2. Chemical Exposure Hazards CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 2 of 14 Revised: 2/8/2021 3. Physical Hazards - Temperature; noise; air pollution; slips, trips, and falls; fire and explosions; confined space; working near equipment; electricity; utilities; and vehicular traffic 4. Biological Hazards - Animals and insects c. Task Hazard Analysis d. Emergency Response Plan Locations of emergency facilities Routes to emergency facilities e. Record Keeping Requirements f. The plan is for use by Metzger + Willard, Inc., employees and any subconsultants on the contract. TASK A.1. Prepare and submit the Health & Safety Plan to the City. PART B. WRF PERMIT REWEWALS MWI proposes to prepare three complete FDEP Permit renewal applications, including all required supporting documentation for the City’s Northeast WRF, Marshall Street WRF, and the East WRF in accordance with FDEP Rules 62-600, 62- 610, 62-620 FAC, and all other applicable FDEP and USEPA requirements. In addition, MWI will assist as required to prepare a response to FDEP Requests for Additional Information that may be issued by the FDEP during their processing and review of the permit renewal applications and supporting documents and as described herein. Project Deliverables are as described in Paragraph 3 – Project Goals of this Work Order Initiation Form. The Permit Renewal Documents shall include, but not be limited to, the following: A. Updated Capacity Analysis Report MWI proposes to prepare an Updated Capacity Analysis Reports (UCAR) for each of the WRFs, in accordance with FDEP Rules 62-600, 62-610, 62-620, 62- 640 FAC, and all other applicable FDEP and USEPA requirements. The UCARs will be prepared based on the existing and projected (minimum 10 years) service area population and the highest annual flows projected over the next permit life of five years, in accordance with 62-600.405(3), FAC. Growth and projected flows will be obtained from the City, based upon planning projections, collection system master planning efforts, and outstanding developer agreements. To prepare the UCARs, MWI will obtain and summarize the last ten years of flow data from the WRFs, as well as total wastewater influent, reclaimed water use, and surface water effluent discharge. This data will be presented in tabulated and graphical formats in the report. It is anticipated that the previous CARs will be updated and that new CARs will not be developed. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 3 of 14 Revised: 2/8/2021 TASK B.1. Prepare and submit Updated Capacity Analysis Report for review by the City. B. Operations, Maintenance, and Performance Report MWI will prepare O&M Performance Reports (OMPR) for the WRFs (three separate documents) in accordance with 62-600.735 FAC and all other applicable FDEP and USEPA requirements. MWI will conduct field inspections of the WRFs, interview staff, and obtain information from the City regarding how the WRFs are managed and operated. MWI will summarize the information for the last ten years of operating data in tabular and graphical formats and provide a facility inspection summary of each of the WRFs. Results of analyses will be graphed to identify trends in influent and effluent parameters. A conditional assessment of equipment will be performed and summarized. Existing Operating Protocols for Reclaimed Water will be reviewed and updated, if necessary, as a part of the OMPR preparation. TASK B.2. Prepare and submit Updated OMPR for review by the City. C. Treatment Facility Biosolids Plan MWI will prepare and submit the Treatment Facility Biosolids Plans (Form 62- 640.210(2)(a)), in accordance with 62-640.300(2) FAC for each of the facilities. The Plans will summarize data from the previous five years of treatment facility operations and shall include the following, where applicable: Quantity, quality of biosolids transferred to a disposal site; and, name, contact information, address, permit information of the disposal site. An Agricultural Use Plan for the application sites will not be provided, as they are the responsibility of the application site manager/owner. TASK B.3. Prepare and submit Biosolids Plan for review by the City. D. FDEP Permit Application Forms 1 and 2A MWI will complete for each WRF the FDEP forms: Wastewater Facility or Activity Permit Application Form 1 General Information (FDEP Form 62- 620.910(1)) and Wastewater Permit Application Form 2A for Domestic Wastewater Facilities (FDEP Form 62-620.910(2)). For Form 2A, Section 4 – Scheduled Improvements and Schedules of Implementation, MWI will summarize anticipated minor improvements based on information provided by the City’s staff and incorporate those projects and estimated completion dates as agreed by the City. By incorporating planned minor improvements within the new permit, the City will not be required to permit individual projects that are described within the permit. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 4 of 14 Revised: 2/8/2021 For Form 2A, Section 8 – Documentation Submitted, MWI will prepare documentation listed within Tables 1 and 3, as appropriate and required by FDEP to deem the Application complete. TASK B.4. Prepare and submit Forms 1 and 2A for review by the City. E. Application Review and Submittal MWI will attend a workshop for each application (three maximum) with the City to discuss comments from the City on the draft application documents prior to submittal to FDEP. Comments will be addressed within the final application submitted to FDEP. TASK B.5. Attend Workshop, address comments, and submit application to FDEP. F. Request for Additional Information Response MWI will assist the City in responding to a maximum of four (4) Requests for Additional Information received from the FDEP for each operating permit renewal application. TASK B.6. Review RAIs from FDEP, draft response for review by the City, address comments, and submit final to FDEP. G. Draft Permit Review and Documentation MWI will review the draft permits as issued by FDEP for each facility and submit recommendations in writing to the City. MWI will draft for City signature a letter to FDEP summarizing changes for consideration in the final permit, if necessary. TASK B.7. Review draft permit from FDEP, prepare comments and submit to the City. Draft letter to FDEP as required. PART C. LOCAL LIMITS RE-EVALUATION MWI proposes to prepare the Local Limits Re-evaluation report for submittal to FDEP, which will include recommendations for modifications to local limits if demonstrated during the study phase to be necessary. The City functions as the Control Authority over Industrial Pretreatment and has the authority to implement and enforce its Approved Pretreatment Program. FDEP may initiate enforcement action against an industrial user for noncompliance with applicable standards of the program. The City, as Control Authority, submits to the FDEP an annual report which includes a summary of the program for the year, results of sampling, and enforcement CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 5 of 14 Revised: 2/8/2021 activities for each of the three WRFs. The Scope for the re-evaluation will include the following: A. Preparation of the Updated Plan of Study The updated Plan of Study will be based upon the previously submitted Plan of Study (POS) and will include the identification of sample points, number of samples, pollutants of concern for sampling, and methods of analysis. It is anticipated that the number and locations of sampling will be the same as previously sampled. The methods of analysis and pollutant of concern list will be updated based upon the most recently adopted FAC 62-625.500. The POS will include modifications for any significant industrial users that may have connected to the system since the previously submitted POS. A draft POS will be submitted to the City for review and comment. Following inclusion of City comments, the Draft POS will be submitted to FDEP for acceptance. TASK C.1. Prepare and submit the draft Plan of Study to the City for review. Incorporate comments and submit the final draft to FDEP. B. Sampling and Analysis Upon acceptance of the POS by the FDEP, sampling and analysis will be performed as described within the POS. Based upon the previous POS, the following locations will be the sample points (or as directed by the City): NORTHEAST WRF (FL0128937) Collection System Location 1 – Landmark – MH 222B-5050 Collection System Location 2 – Safety Harbor – Baytowne East LS Influent – Headworks – PRT-I Effluent – Reclaimed Water – PRT-E Biosolids – Belt Filter Press Discharge – PRT-R EAST WRF (FL0021865) Collection System – Oakgrove Middle School – MH 308B-8110 Influent – Headworks – PRT-I Effluent – Reclaimed Water – PRT-E Biosolids – Thickened Sludge Holding Tank – PRT-R MARSHALL STREET WRF (FL0021857) Collection System – Edgewater Drive – MH 251A-2050 Influent – Headworks – PRT-I Effluent – Surface Water Discharge – PRT-E Biosolids – Centrifuge / Belt Filter Press – PRT-R CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 6 of 14 Revised: 2/8/2021 The following pollutants of concern (POC) have been identified for sampling and evaluating: The City of Clearwater shall take the samples, package in accordance with standards for the industry and deliver to the laboratory in Oldsmar FL. For the aqueous samples – the influent, effluent, and collection system samples – five consecutive days will be provided at each sample location. To obtain the WRF pass-through results, effluent samples will lag 24 hours from the influent sample. Most of the aqueous samples will be composite samples obtained 1,4-Dichlorobenzene Mercury Ammonia Nitrogen Methyl-t-butyl ether Antimony Molybdenum Arsenic Nickel Bromide Nitrate + Nitrite N Bromodichloromethane Organic Nitrogen Bromoform Selenium Cadmium Silver Carbonacious BOD5 Sodium COD Tin Chloride Total Dissolved Solids Chloroform Total Kjeldahl Nitrogen Chromium Total Nitrogen Copper Total Organic Carbon Cyanide, Total Total Phosphorus as P Dibromochloromethane Total Suspended Solids D-Limonene Total Trihalomethanes Iron Zinc Lead pH Manganese POLLUTANTS OF CONCERN - AQUEOUS 1-4, Dichlorobenzene Dibromochloromethane Ammonia Nitrogen Lead Antimony Mercury Arsenic Molybdenum Bromodichloromethane Nickel Bromoform Selenium Cadmium Silver Chloroform Zinc Chromium Total Solids Copper pH POLLUTANTS OF CONCERN - BIOSOLIDS CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 7 of 14 Revised: 2/8/2021 from the City’s automatic samplers. The remainder will be grab samples. For biosolids samples, grab samples will be taken each day for evaluation. Pace Analytical Laboratories, Inc. (PACE), a NELAP-certified laboratory, shall perform the analyses, and summarize the results for each parameter. A Laboratory Allowance has been included to provide for reimbursement to MWI for the laboratory analyses. Copies of receipts will be included in the monthly invoicing. TASK C.2. Coordinate sampling efforts to be performed by the City. Review sampling results as provided by the laboratory. Verify the City is provided access to the laboratory results portal to receive access to the results. C. Annual Testing for 2021 IPP Report Provide sampling and analysis for the annual report of Industrial Pretreatment as required by FDEP. For the first day of the sampling (only) under Part C, Paragraph B, for aqueous samples, the sampling will be expanded to include these parameters. The remainder of the parameters are covered in this Task and include the following: Priority Pollutant Volatile Compounds Priority Pollutant Pesticide Compounds Priority Pollutant Semi-Volatile Compounds Hexane Extractable Materials Phenolics Beryllium Thallium Sample locations include the headworks (composite) for each of the facilities, the effluent (composite) for each of the facilities for a total of 6 samples. Equipment blanks will be taken and used to compare the results. A Laboratory Allowance has been included for reimbursement to MWI for the laboratory analyses. Copies of receipts will be included in the monthly invoicing. TASK C.3. Coordinate sampling efforts by the City for the 2021 IPP Annual Report results. Review sampling results as provided by the laboratory. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 8 of 14 Revised: 2/8/2021 D. Local Limits Recommendations Upon completion of the chemical analysis, MWI will be responsible for the evaluation of the Local Limits using analysis program developed by FDEP – Local Limits Information Development System (LLIDS), which is obtained from the FDEP website. A draft report of the results and recommendations will be prepared and submitted to the City for review and comment. It is anticipated that the report will be an updated report to the previously prepared local discharge limit report. A workshop will be held to discuss the City’s comments and how best to include them within the final report that will be submitted to FDEP. The final report will be submitted to FDEP, which will include the City’s comments as previously described. TASK C.4. Evaluate local limits using the LLIDS program and prepare draft report for review and comment. Prepare final report for submittal to FDEP. Identify parameters, where applicable, for modification in the City’s Pretreatment Ordinance. E. Respond to Requests for Additional Information from FDEP After submittal of the Local Limit Development Report to FDEP, it is anticipated that FDEP may request additional information. The FDEP Requests for Additional Information will be responded to as a part of this Task (Maximum of 4 RAIs). The report will be updated to include FDEP comments if necessary. TASK C.5. Review RAIs from FDEP, draft response for review by the City, address comments, and submit final to FDEP. 3. PROJECT GOALS: We understand that the City’s goals for this project are the following for each WRF: • Complete the required permit application and supporting documentation, and to provide the information to FDEP a minimum of six months (180 calendar days) prior to the expiration date of the existing permit. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 9 of 14 Revised: 2/8/2021 • Receive renewed FDEP permits for the City’s Water Reclamation Facilities, prior to the expiration of the existing permits. • Complete the Local Limits evaluation as a part of the Pretreatment requirements. Provide recommendations for modifications to the Pretreatment Ordinance, as required. Project Deliverables Document Request. MWI will prepare a formal document request for the material that will be required for the completion of this Work Order. Part A. Project deliverables will include one electronic copy of the Metzger + Willard, Inc., project specific Health and Safety Plan. Part B. Project deliverables for each WRF will include the following: • One (1) electronic copy of the draft FDEP Application and all supporting documentation for review and comment by the City prior to submittal to FDEP. • Three (3) signed and sealed copies and one (1) electronic copy of the final permit renewal package (including all forms and supplemental documents) complete, reviewed for quality and completeness by the Engineer and ready for submission to FDEP. Documents will be provided within suitably sized binders. • An electronic copy of the final permit renewal package (including all forms and supplemental documents) will be filed with FDEP through their FTP site on the internet. Hard copies of signature pages will be prepared for signature by the City and included in the FDEP submittal. • One (1) electronic copy of draft responses to Requests for Information will be submitted to the City for review and concurrence prior to submittal to FDEP. • One (1) electronic copy of the application, requests for additional information and responses, draft permit and comments if provided, and the final permit. Part C. Project deliverables will include the following: • One (1) electronic copy of the draft evaluation report for review and comment. • One (1) electronic copy of the final evaluation report. • Three (3) copies of the final evaluation report within binders. • One (1) electronic copy of draft responses to Requests for Information will be submitted to the City for review and concurrence prior to submittal to FDEP. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 10 of 14 Revised: 2/8/2021 Project Catalog – An electronic copy will be provided of the Project Catalog for the complete Work Order, as discussed in Paragraph 11. Additional Considerations. Project Meetings Part A. No project meetings are anticipated. Part B. Meetings will include the following: Site Visits to each facility (One each) to evaluate the condition of the facility and to interview operations and maintenance personnel; and, Draft Application Review Workshop for each facility (One each). Part C. Meetings will include a workshop with the City to review the evaluation report and discuss comments. 4. FEES: This price includes all labor and expenses anticipated to be incurred by Metzger + Willard, Inc., for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Two hundred fifty-six thousand five hundred forty two and No/100 Dollars ($256,542.00). Permit application fees will be paid to FDEP by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed in sixteen (16) months from issuance of notice-to- proceed. The project deliverables are to be phased as follows: Notice to Proceed: April 12, 2021 (No later than) Part A. HASP April 16, 2021 Part B. WRF Permit Applications Marshall Street WRF Draft Application to the City July 9, 2021 Application submitted to FDEP August 5, 2021 Final Permit in Hand TBD by FDEP East WRF Draft Application to the City December 3, 2021 Application submitted to FDEP December 23, 2021 CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 11 of 14 Revised: 2/8/2021 Final Permit in Hand TBD by FDEP Northeast WRF Draft Application to the City December 10, 2021 Application submitted to FDEP December 31, 2021 Final Permit in Hand TBD by FDEP Part C. Local Limits Re-Evaluation Plan of Study Submit Draft to City April 26, 2021 Submit POS to FDEP May 3, 2021 Sampling & Laboratory Analysis Background (Collection System) June – August 2021 Facilities September – December 2021 Draft Re-Evaluation Report March 2022 Submit Report to FDEP May 2022 Finalize Local Limits TBD by FDEP 6. STAFF ASSIGNMENT: City Staff Jason Jennings Project Manager, Wastewater Environmental Technologies Manager Richard G. Gardner, PE Assistant Director of Utilities Michael Flanigan Wastewater Environmental Technologies Assistant Manager Corey O’Neil Industrial Pretreatment Coordinator Jeremy J. Brown, PE Engineering Manager, Utilities MWI Staff Nancy Metzger, PE Principal in Charge Susan Martelli, PE MWI Project Manager Joe Martelli, PE Quality Control / Local Limits Evaluation 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to Susan Martelli, PE, Project Manager and Joe Martelli, PE, Sr. Project Engineer. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 12 of 14 Revised: 2/8/2021 All City project correspondence shall be directed to Jason Jennings, Richard Gardner, Michael Flanigan, Corey O’Neil, and Jeremy Brown. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code:_ MS: 4211354-530100 $ 43,686.50 NE: 4211355-530100 $ 43,686.50 E 4211356-530100 $ 39,451.50 IPP 4211353-530100 $129,717.50 For work performed, invoices shall be submitted monthly to: Attn: Veronica Josef, Senior Staff Assistant City of Clearwater, Engineering Department PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 13 of 14 Revised: 2/8/2021 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must be ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: N/A CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 14 of 14 Revised: 2/8/2021 13. SIGNATURES: PREPARED BY: APPROVED BY: Susan G. Martelli, PE Tara Kivett, PE Vice President of Engineering City Engineer Metzger + Willard, Inc. City of Clearwater April 8, 2021 Date Date CONSULTANT WORK ORDER – PROJECT FEES TABLE WATER RECLAMATION FACILITIES PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 2 Revised: 2/8/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE PART A. HEALTH AND SAFETY PLAN TASK DESCRIPTON MSWRF EAST WRF NEWRF LOCAL LIMIT TOTAL A.1. HASP $822.50 $822.50 $822.50 $822.50 $3,290.00 SUBTOTAL, PART A. $822.50 $822.50 $822.50 $822.50 $3,290.00 PART B. WATER RECLAMATION FACILITY PERMIT RENEWALS TASK DESCRIPTION MSWRF EAST WRF NEWRF TOTAL B.1. Update CAR $5,770.00 $5,770.00 $5,770.00 $17,310.00 B.2. Update OMPR 13,860.00 11,470.00 13,860.00 $39,190.00 B.3. Update Biosolids Plan 2,550.00 1,890.00 2,550.00 $6,990.00 B.4. Application Forms 1 and 2A 4,200.00 4,200.00 4,200.00 $12,600.00 B.5. Submit Application to FDEP 2,820.00 2,820.00 2,820.00 $8,460.00 B.6. RAIs 3,280.00 2,480.00 3,280.00 $9,040.00 B.7. Review Draft Permit 1,160.00 1,160.00 1,160.00 $3,480.00 Reimbursable – Permit Fees 5,000.00 5,000.00 5,000.00 $15,000.00 SUBTOTAL, PART B. $38,640.00 $34,790.00 $38,640.00 $112,070.00 Part B. Owner’s Contingency, 10% $3,864.00 $3,479.00 $3,864.00 $11,207.00 SUBTOTAL, PART B. $42,504.00 $38,269.00 $42,504.00 $123,277.00 PART C. LOCAL LIMITS RE-EVALUATION TASK DESCRIPTON SUBCONSULTANT SERVICES LABOR TOTAL C.1. Plan of Study 0 $1,780.00 $1,780.00 C.2. Sampling & Analysis 0 3,850.00 $3,850.00 C.3. Annual Testing 2021 IPP Report 0 1,270.00 $1,270.00 C.4. Prepare Report and submit 0 32,850.00 $32,850.00 C.5. RAIs 0 7,100.00 $7,100.00 Reimbursable – Laboratory Allowance $70,000.00 SUBTOTAL, PART C. $0.00 $46,850.00 $116,850.00 Part C Owner’s Contingency, 10% $11,685.00 SUBTOTAL, PART C. $128,535.00 CONSULTANT WORK ORDER – PROJECT FEES TABLE WATER RECLAMATION FACILITIES PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order – Project Fees Table Page 2 of 2 Revised: 2/8/2021 PROJECT CATALOG TASK DESCRIPTON MSWRF EAST WRF NEWRF LOCAL LIMIT TOTAL 11.3. Prepare Project Catalog $360.00 $360.00 $360.00 $360.00 $1,440.00 SUBTOTAL, PROJECT CATALOG $360.00 $360.00 $360.00 $360.00 $1,440.00 GRAND TOTAL $256,542.00 # # #C.S.X. RAILROADUS Hwy 19 NDREW ST DRUID RD SR 580 BELLEAIR RD SUNSET POINT RD N BELCHER RD N McMULLEN BOOTH RD GULF-TO-BAY BLVD UNION ST LAKEVIEW RD NURSERY RD CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE SR 590 COURTNEY C AMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE N OLD COACHMAN RDDOUGLAS AVE PALMETTO ST BAYSI DE BRG VIRGINIA AVE SUNSET DR UNION ST Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\21-0007-UT\21-0007-UTWRF_Permit.mxd #Water Reclamation Facilities (WRF)Area not in Clearwater Jurisdiction Clearwater Service Area WRF Permit Renewals and Local Limits EvaluationProject Number: 21-0007-UT LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1 Date:4/9/2021² N.T.S.Scale: WRF-NE Plant WRF-East Plant WRF-Marshall St Plant WDMap Gen By: JBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9085 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Award a construction contract to Kat Construction and Materials, Inc., of Port Richey, Florida, per Invitation to Bid (ITB) 18-0058-UT for Rehabilitation of Lift Stations 54 and 65, in the amount of $1,081,520.00; approve Engineer of Record (EOR) Supplemental One Work Order to Metzger and Willard, Inc. in the amount of $78,139.19, increasing the work order from $262,020.00 to $340,159.19, and authorize the appropriate officials to execute same. (consent) SUMMARY: Lift stations 54 and 65 have corrosion on interior and exterior discharge piping and pumps, interior concrete walls require repair and outdated control panels need replacement. February 24, 2021, Engineering issued ITB 18-0058-UT for Rehab of LS-54 & 65. Six bids were received and Kat Construction & Materials, Inc. of Port Richey, Florida, was the lowest responsible bidder in accordance with plans and specifications. EOR Metzger + Willard evaluated the bids and recommends awarding the contract to Kat Construction. September 5, 2019, City Council approved the initial work order to Metzger + Willard to design and permit the rehabilitation of both lift stations, in addition to developing lift station design standards, in the amount of $262,020.00. This Supplemental 1 Work Order is for Construction Engineering and Inspection Services for a new work order value of $340,159.19. Construction is anticipated to be completed within 180 calendar days from issuance of Notice to Proceed. The City of Clearwater Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer lift stations. APPROPRIATION CODE AND AMOUNT: 3217321-546700-96686 $1,081,520.00 3217321-530100-96686 $ 78,139.19 Funding is available in Capital Improvement Project 96686, Pump Station Replacement, to fund the contract and work order. Page 1 City of Clearwater Printed on 5/6/2021 DBE NO DBE NO DBE YES DBE NO DBE NO DBE NO BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization LS 54 LS 1 60,000.00$ 60,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 65,000.00$ 65,000.00$ 15,000.00$ 15,000.00$ 42,500.00$ 42,500.00$ 2 LS-54 Rehabilitation LS 1 474,000.00$ 474,000.00$ 455,000.00$ 455,000.00$ 390,000.00$ 390,000.00$ 370,000.00$ 370,000.00$ 358,873.00$ 358,873.00$ 354,800.00$ 354,800.00$ 3 LS-54 Bypass pumping and piping, critically silenced WK 8 3,500.00$ 28,000.00$ 2,500.00$ 20,000.00$ 3,700.00$ 29,600.00$ 5,375.00$ 43,000.00$ 2,792.00$ 22,336.00$ 1,820.00$ 14,560.00$ 4 Mobilization LS-65 LS 1 60,000.00$ 60,000.00$ 30,000.00$ 30,000.00$ 26,000.00$ 26,000.00$ 65,000.00$ 65,000.00$ 15,000.00$ 15,000.00$ 45,300.00$ 45,300.00$ 5 LS-65 Rehabilitation LS 1 705,400.00$ 705,400.00$ 690,000.00$ 690,000.00$ 488,000.00$ 488,000.00$ 613,000.00$ 613,000.00$ 577,346.00$ 577,346.00$ 540,000.00$ 540,000.00$ 6 LS-65 Bypass pumping and piping, critically silenced WK 8 4,200.00$ 33,600.00$ 3,000.00$ 24,000.00$ 3,700.00$ 29,600.00$ 5,375.00$ 43,000.00$ 2,818.00$ 22,544.00$ 2,100.00$ 16,800.00$ SUBTOTAL 1,361,000.00$ 1,239,000.00$ 983,200.00$ 1,199,000.00$ 1,011,099.00$ 1,013,960.00$ 41 10% CONTINGENCY LS 1 136,100.00$ 136,100.00$ 123,900.00$ 123,900.00$ 98,320.00$ 98,320.00$ 119,900.00$ 119,900.00$ 101,109.90$ 101,109.90$ 101,396.00$ 101,396.00$ TOTAL CONTRACT 1,497,100.00$ 1,362,900.00$ 1,081,520.00$ 1,318,900.00$ 1,112,208.90$ 1,115,356.00$ DBE DISADVANTAGED BUSINESS ENTERPRISE Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. RE: RTD Construction, Inc. total. Items highlighted in light yellow are corrected calculations. The submitted total was $1,112,209.00. The adjusted total is $1,112,208.90. The difference is ten cents. TLC Diversified 2719 17th St. East Palmetto, FL 34221 Rehab of LS 54 & LS 65 18-0058-UT BID OPENING - April 2, 2021 AWARD - May 6, 2021 Kat Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34668 RTD Construction, Inc. 83038 North Avenue Zephyrhills, FL 33542 PCL Construction, Inc. 1 North Dale Mabry, Suite 300 Tampa, FL 33609 Douglas N. Higgins 3390 Travis Pointe Road, Suite A Ann Arbor, Michigan 48108 Hinterland Group, Inc. 2051 W. Blue Heron Blvd. Riviera Beach, FL 33404 Work Order Initiation Form Page 1 of 7 Revised: 10/23/2020 SUPPLEMENTAL #1 WORK ORDER for the CITY OF CLEARWATER Date: December 15, 2020 Consultant Project Number: 22609.19 City Project Number: 18-0058-UT City Plan Set Number: 2020011 1.PROJECT TITLE: Rehab of LS 54 & 65 and LS Standards 2.SCOPE OF SERVICES: Add construction phase services for the LS-54 & LS-65 portion of this project. I.PRE-DESIGN PHASE: Included in original work order II.DESIGN PHASE: Included in original work order III.FINAL DESIGN PHASE: Included in original work order IV.PERMITTING PHASE (Building Department): Included in original work order V.BIDDING PHASE Included in original work order VI.PERMITTING PHASE (Right of Way) Task 6.1: Permitting- Prepare and submit right-of-way permit applications to Pinellas county for construction at LS-54 and LS-65. VII.CONSTRUCTION PHASE: Task 7.1: Preconstruction Conference – The MWI Project Manager, Electrical Engineer and Resident Project Representative (RPR) will attend and participate in a pre‐ construction conference, along with preparing meeting notes of topics discussed, decisions made, and action items. Work Order Initiation Form Page 2 of 7 Revised: 10/23/2020 Task 7.2: Contractors RFI’s‐ MWI shall provide technical interpretation of the Drawings, Specifications, and Contract Documents when requested by the Contractor and evaluate requested deviations with regard to the plans or specifications (Request for Information [RFI] process). MWI shall develop and maintain an RFI log noting the date received/answered, subject matter, and resolution to the request. A copy of the RFI log will be included with each progress meeting agenda. For purposes of this proposal a total of ten (10) RFIs will be reviewed. Task 7.3: Shop Drawing Review ‐ MWI shall review or take other appropriate action with respect to material and equipment submittals, shop drawings, samples and other data that the Contractor is required to submit. MWI shall develop and maintain a shop drawing log. Review will be limited to conformance with the design concept of the project and compliance of the information given in the Contract Documents. Such reviews or other actions shall not extend to means, methods, techniques, sequences, or procedures of construction or safety program of the contractor. MWI shall respond to all contractors’ submittals fourteen (14) calendar days following receipt in MWI’s office. Submittals requesting alternate equals shall be approved by the Owner. Task 7.4: Progress Meetings –The RPR/ shall lead and conduct regular progress meetings and prepare and circulate copies of the meeting minutes including topics discussed, action items, and decisions made. For purposes of this proposal, it is assumed that there will be six (6) progress meetings. The RPR will assemble agenda for each progress meeting. In addition, the RPR shall prepare, maintain, and circulate logs and records for: Action Items log/Contractor follow up Shop Drawing Submittal / Approval Testing Request for Proposal Proposed Change Request (PCR) Deficiency / Noncompliance Complaints Project Photographs Inventory and Verification of Stored Materials Punch Lists Task 7.5: Construction Observation‐ MWI shall provide a Resident Project Representative (RPR) to observe and document work in progress, along with keeping the Project Manager advised of any conflicts or potential delays. Based on the proposed work schedule, MWI will provide an RPR for an average of twenty (20) hours per week with actual hours onsite determined by Contractor work schedule. The RPR shall maintain a daily log of activities for periods of time when the RPR is on‐site. These daily logs shall be submitted to the City Project Manager on a weekly basis. Progress photos shall also be taken and provided to the Project Manager to document project progress. Task 7.6: Substantial/Final Electrical Inspection‐ MWI shall conduct substantial and final electrical inspections to determine the completeness of the project and recommend final payment to Contractor. Following each inspection, MWI shall prepare a punch list of all items requiring completion and follow up on the completed and/or corrected items. The punch list shall be provided to the Contractor and the Project Work Order Initiation Form Page 3 of 7 Revised: 10/23/2020 Manager. It is assumed that the site visits for Substantial and Final inspections will be scheduled such that both sites will be inspected on the same trip (One trip visiting both sites for Substantial, one trip visiting both sites for Final). Task 7.7: Record Drawing Preparation‐ MWI shall prepare record drawings from the original AutoCAD file based on information provided by the Contractor and others regarding field changes, modifications, etc. made during the construction phase of the project. Such information shall only be verified through field observation and will not be surveyed to verify accuracy of Contractor’s measurements. The Project Manager will be provided with four (4) printed copies, and one electronic copy (AutoCAD format disk) of the record drawings. Record Drawing copies shall be in 24 X 36-inch format. Task 7.8: Project Catalog- At the conclusion of the project, ENGINEER will combine the following information into a project catalog and submit to the City for review and comment. The project catalog will be submitted electronically on USB thumb drive. MWI has budgeted for up to one round of City review and comment. To Be Included: Files of correspondence, meeting minutes, Contract Documents, Change Orders, Field Orders, RFIs, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, progress reports, Shop Drawing and Progress submittals, regulatory correspondence and other Project-related documents. Task 7.9: Owners Allowance ‐ 20% project allowance available for use at the owner/project manager’s discretion. 3.PROJECT GOALS: The project goals include providing the City with updated controls, pumps, piping, wet well coating, flow meters and backup power for Lift Stations 54 and 65 using topographic surveys provided by the City. A set of pump station standards covering the most common pump stations within the City will also be developed. This supplemental work order will provide construction phase services only for the construction of LS-54 and LS-65. 4.BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by Metzger + Willard, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Seventy Eight Thousand One Hundred Thirty Nine and 19/00 Dollars ($78,139.19). 5.SCHEDULE: This work order is for construction phase services and will follow the schedule of the contractor beginning with the preconstruction conference. The construction portion of the project is to be completed 180 days from issuance of notice-to-proceed to the Contractor. The Contractors schedule will dictate completion of the work under this supplemental work order. Work Order Initiation Form Page 4 of 7 Revised: 10/23/2020 6.STAFF ASSIGNMENT: City Staff Todd Kuhnel Project Manager Kervin St. Aimie Public Utilities Asst Manager Mike Gillian Public Utilities Infrastructure Maintenance Manager Jeremy J. Brown, PE Engineering Manager, Utilities Richard G. Gardner, PE Public Utilities Assistant Director MWI Staff Nancy O. Metzger, PE Principal in Charge Susan G. Martelli, PE QA/QC Joe Martelli, PE Project Manager 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Primary: Joe Martelli, PE, Senior Project Manager, Secondary: Susan Martelli, PE, VP Engineering. All City project correspondence shall be directed to: Todd Kuhnel Project Manager Mike Gilliam Public Utilities Infrastructure Manager Kervin St. Aimie Public Utilities Assistant Manager Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. Work Order Initiation Form Page 5 of 7 Revised: 10/23/2020 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 3217321-530100-96686 9.INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A.Purchase Order, Project and Invoice Numbers and Contract Amount. B.The time period (begin and end date) covered by the invoice. C.A short narrative summary of activities completed in the time period. D.Contract billing method – Lump Sum or Hourly Rate. E.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F.If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Susan G. Martelli, PE Tara Kivett, P.E. VP Engineering City Engineer Metzger + Willard, Inc City of Clearwater December 17, 2020 ___________________ Date Date Work Order Initiation Form Page 6 of 7 Revised: 10/23/2020 ATTACHMENT “A” City of Clearwater Engineering Department WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards is used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Work Order Initiation Form Page 7 of 7 Revised: 10/23/2020 ATTACHMENT “B” Rehab of LS 54 & 65 Project #18-0058-UT WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 6.0 Permitting Services 6.1 Pinellas County ROW Permitting $0 $1,116.00 $1,116.00 6.2 Task Allowance (10%) $0 $111.60 $111.60 Permitting Services Total: $1,227.60 7.0 Construction Phase Services 7.1 Preconstruction Conference $540.00 $1,085.00 $1,625.00 7.2 Contractors RFI’s $3,060.00 $2,232.00 $5,292.00 7.3 Shop Drawing Review $1,860.00 $6,846.23 $8,706.23 7.4 Progress Meetings $0 $4,371.00 $4,371.00 7.5 Construction Observation $0 $35,836.00 $35,836.00 7.6 Substantial/Final Electrical Inspection $2,544.00 $0 $2,544.00 7.7 Record Drawing Preparation $1,350.00 $2,140.43 $3,490.43 7.8 Project Catalog $0 $1,395.00 $1,395.00 7.9 Task Allowance (20%) $0 $12,651.93 $12,651.93 Construction Phase Services Total: $75,911.59 Subtotal, Labor and Subcontractors $77,139.19 Permit Review Fees $0.00 8.0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $1,000 Grand Total $78,139.19 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 17 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 18 SECTION V – Contract Documents SECTION V Page 1 of 18 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER KAT Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34668 727-834-8655 City of Clearwater Public Utilities 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: Rehab of LS-54 & LS-65 PROJECT NO.: 18-0058-UT PROJECT DESCRIPTION: The rehabilitation of two City of Clearwater lift stations (LS-54 2304 McMullen Booth Rd; LS-65 1881 Virginia Ave.) including demolition, lining of terminal gravity mains, wet well cleaning and coating, replacement of pumps and selected piping and valves, replacement of selected controls, replacement or modification of selected wet well/valve vault covers, installation of generators. BY THIS BOND, We, KAT Construction & Materials, Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $1,081,520.00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of Rehab of LS-54 & LS-65, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 18 Updated: 5/4/2020 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 18 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). KAT Construction & Materials, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 18 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and KAT Construction & Materials, Inc., of the City of Port Richey, County of Pasco and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] N/A This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: Rehab of LS-54 & LS-65 PROJECT NO.: 18-0058-UT in the amount of $1,081,520.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 18 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 18 Updated: 5/4/2020 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 18 Updated: 5/4/2020 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 18 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Rehab of LS-54 & LS-65 Public Utilities PROJECT NO.: 18-0058-UT 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: KAT Construction & Materials, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of KAT Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34668 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Public Utilities 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): ä MARLO BLVD LEANNE CT N McMULLEN BOOTH RD BARTON LN STEVEN ST LANDMARK DR LAUREN LN WOODCREEK DR EWOODCREEK DR S OAK COVE DR PATRICK PL LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com REHAB OF LIFT STATIONS 54 & 65PROJECT (18-0058-UT) Path: V:\GIS\Engineering\Location Maps\Rehab Lift_Stations_54_65.mxd LIFT STATION 651881 Virginia Ave ä VIRGINIA AVE PALM DR N KEENE RD SPRINGRAIN DR N HERCULES AVE PALMETTO DR PINEHURST DR LAKEWOOD DR RIDGEWOOD DR SPRINGWOOD CIR N SPRINGBUSH LN SPRINGFLOWER DR SPRINGWOOD CIR WSPRINGWOOD CIR S LIFT STATION 542304 McMullen Booth Rd SAFETY HARBO R² N.T.S.Scale: CRMMap Gen By:T_KReviewed By:N/AGrid #:N/AS-T-R:Page 1 of 104/23/2019Date: ATLAS PAGE 234A ATLAS PAGE 242A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9076 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve Amendment One to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N915) for Lower Spring Branch Conveyance Improvements (14-0048-EN), extending the expiration date through June 30, 2024, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Lower Spring Branch Stormwater Improvements is identified as Project 1B in the Stevenson Creek Watershed Management Plan (WMP), which was prepared by the City of Clearwater with SWFWMD’s cooperative funding and participation. This project will provide flood relief for approximately 11 homes adjacent to the Creek, removing them from the 100-year floodplain. The construction of this project includes the replacement of bridges at Springtime Avenue, Overlook Avenue, and the addition of larger box culverts under Douglas Avenue. The Cooperative Funding Agreement between the City of Clearwater and SWFWMD includes reimbursement up to 50% of the cost of design and construction up to a maximum of $1,160,000 and Pinellas County, as a third party within this agreement, up to 50% of the cost of design and construction up to a maximum of $500,000 for construction of the project. Pinellas County will reimburse the City 25%, not to exceed $270,000 of the construction of Douglas Avenue Crossing, for a total of $1,430,00 in potential reimbursements. August 14, 2018, City Council approved Cooperative Funding Agreement N915 for 50% of design and construction up to a maximum of $1,160,000. Due to considerable easement acquisition and design challenges, the City has requested to extend the contract expiration date to June 30, 2024 upon approval of City Council. The amendment includes no changes to reimbursement values. Page 1 City of Clearwater Printed on 5/6/2021 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto, or their representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By:_________________________________________ Jennette M. Seachrist, P.E. Date Director, Resource Management Division CITY OF CLEARWATER By:_________________________________________ Frank Hibbard Date Mayor By:_________________________________________ William B. Horne II Date City Manager Approved as to form: Attest: _______________________ _______________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk PINELLAS COUNTY By:__________________________________________ Name Date Barry Burton Pinellas County Administrator Witness: By:_______________________ Brendan Mackesy Pinellas County Attorney FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRUCT AND CITY OF CLEARWATER AND PINELLAS County FOR LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915) S T E VENSONCREEK N BETTY LN DOUGLAS AVE SUNSET POINT RD OVERBROOK AVE SEDEEVA ST HARBOR D R FAIRMONT ST PINELAND DR FULTON AVE APACHE TRL CHARLES ST SYLVAN DR STATE ST SUNNYDALE DR SPRINGTIME AVE SEDEEVA CIR N EDGEWATER DR STEVEN S O N AVE IVA ST CHENANGO AVE NOKOMIS ST N WASHINGTON AVE CALUMET ST VISTA WAY CLAIRE DR JADE AVE IROQUOIS ST MOHAWK ST ALOHA LN COLES RD SEDEEVA CIR S SANDY LN OSAGE ST FULLER DR N MARTIN LUTHER KING, JR. AVE BROOK RD MACOMBER AVE WILSON BLVD MARY L RD SHERIDAN RD SYLVAN DR BECKETT ST TERRACE RD STE V E N S O N'S D RN MADISON AVE WOODBINE ST BERTLAND WAY PARKWOOD ST MINNESOTA DR CAROLYN LN PINELAND DR CARDOVA LN N WASHINGTON AVE SPRINGTIME AVE FAIRMONT ST SPRINGTIME AVE BECKETT ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.260B 03-29s-15e07/30/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: LOWER SPRING BRANCHSTORMWATER IMPROVEMENTSPROJECT #14-0048-EN Path: S:\_CITY PROJECTS\2014 PROJECTS\14-0048-EN Lower Spring Branch\Lower Spring Branch 14-0048-EN.mxd PROJECTLOCATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9031 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Appoint Lori Y. Carter to the Brownfields Advisory Board as a business owner or representative with a term to expire May 31, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joseph DeCicco MEETING DATE: As Called PLACE: Determined when called STAFF LIAISON: Philip Kirkpatrick APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING BROWNFIELDS ADVISORY BOARD MEMBER’S TERM HAD EXPIRED AND HE DID NOT WISH REAPPOINTMENT: 1. Matt Crum - 2125 Scarlet Oaks Street, 33759 - Insurance Original Appointment: 5/19/16 (was serving 1st term that expired 5/31/20) Interested in Reappointment: No (Business owner or rep) Page 1 City of Clearwater Printed on 5/6/2021 File Number: ID#21-9031 THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Lori Y. Carter - 6005 30th Ave West, Bradenton, FL 34209 - HR Management Office: Vesper Wave Solutions 1548 S Missouri Unit 142, Clearwater, FL 33756 (Business owner or rep) Zip codes of current members: 4 at 33755 2 at 33756 1 at 33770 1 at 33773 Current Categories: 3 Agency or Government rep. 2 Business Owner or rep. 3 Residents Page 2 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9051 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Appoint Ray McNeil and Roger Schulman to the Airpark Advisory Board with terms to expire April 30, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 + 1 Ex Officio member CHAIRPERSON: Kelli O’Donnell MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov. PLACE: Chambers - 3 p.m. APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. Paul A. Doric - 1837 Skyland Dr., 33755 Original Appointment: 8/20/14 (was serving 1st term until 4/30/21) Interest in Reappointment: No 2. Richard Porraro - 1047 Sunnydale Dr., 33755 Original Appointment: 3/15/12 (was serving 2nd term until 4/30/21) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1.Ray McNeil - 1640 Greenlea Dr., 33755 Page 1 City of Clearwater Printed on 5/6/2021 File Number: ID#21-9051 2.Roger Schulman - 2337 Willow Tree Trail, 33763 Zip codes of current members on board: 3 at 33755 1 at 33761 1 at 33764 1 at 33765 Page 2 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9054 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Appoint Jonathan Barnes and Eric Seiler with terms to expire April 30, 2025 and Gregory Byrd to fill the remainder of an unexpired term through March 31, 2022 to the Public Art and Design Board. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representative MEMBERS: 7 Liaison: Christopher Hubbard, Cultural Affairs Coord. CHAIR: Neale Stralow MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: 2:00 PM/Chambers APPOINTMENTS NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts Original Appointment: 11/7/19 (was filling an unexpired term until 4/30/21) (1 Absence in the past year) Interest in Reappointment: Yes (Citizen) 2. Eric Seiler - 2632 Enterprise Road East, A-15, 33759 - Mechanical Engineering Original Appointment: 7/16/15 (was serving 1st term until 4/30/21) (0 Absence in the past year) Page 1 City of Clearwater Printed on 5/6/2021 File Number: ID#21-9054 Interest in Reappointment: Yes (Citizen) 3. Michael Potts - 1155 Jackson Rd., 33755 - General Contractor/Inspector Original Appointment: 3/1/18 (was serving 1st term until 3/31/22) Passed Away - March 2021 (General Contractor/Inspector) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Theresa E. Bromm-Boesen - 2612 Pearce Dr., #210, 33764 - Teacher/College Adm. Asst. 2. Gregory Byrd - 1400 Pine Brook Dr., 33755 - Professor Zip codes of current members: 1 - 33755 1 - 33761 1 - 33764 2 - 33765 1 - 34653 Current Categories: 1 Artist/Art Business Owner 3 Citizens 1 Clearwater Arts Alliance, Inc. 1 Creative Pinellas Page 2 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9105 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Reliant Underground, LLC to recover $2,249.63 for damages to city property. (consent) SUMMARY: On July 16, 2019, a contractor of Reliant Underground, LLC put several gouges into a 2-in. PE gas main line, one which punctured the line at 16th Avenue SE and Seminole Boulevard and on September 20, 2019 a contractor hit a 1-in. PE gas service line with a directional bore at 980 N. Missouri Avenue. Repairs to both the gas lines cost $2,249.63. Demand letters have been sent to Reliant Underground, LLC but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 5907590-545900, Insurance Claims - Liability Page 1 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9106 Agenda Date: 5/6/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Steve’s Excavating and Paving, Inc. to recover $5,205.89 for damages to city property. (consent) SUMMARY: On December 10, 2019, a contractor of Steve’s Excavating and Paving, Inc. hit a 2-in. Extrube main gas line with a backhoe at 800 Wellington Dr., Clearwater, FL 33764. Repairs to the gas line cost $5,205.89. Demand letters have been sent to Steve’ s Excavating and Paving, Inc. but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 5907590-545900, Insurance Claims - Liability Page 1 City of Clearwater Printed on 5/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD 9461-21 Agenda Date: 5/6/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 2055 Buford Avenue, Clearwater to vacate a platted 10-foot Utility Easement, described as the north 10 feet of lot 18, Cedar Heights, according to the plat thereof as recorded in Plat Book 81, Page 85, of the Public Records of Pinellas County, Florida, and pass Ordinance 9461-21 on first reading. SUMMARY: The property owner at 2055 Buford Ave., Clearwater, has requested that the City vacate a 10-foot platted Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a pool and pool deck. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 5/6/2021 1 Ord. No. 9461-21 ORDINANCE NO. 9461-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED 10 FOOT UTILITY EASEMENT, LOCATED ALONG THE NORTH 10 FEET OF LOT 18, CEDAR HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 85, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9461-21 Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk PROPOSED 10' UTILITY EASEMENT VACATION That 10.00 foot utility easement located along the North 10.00 feet of Lot 18, CEDAR HEIGHTS, according to the plat thereof as recorded in Plat Book 81, Page 85, of the Public Records of Pinellas County, Florida. CERTIFIED TO: (AS FURNISHED) DEBBY EVANS A/KIA DEBORAH FALLAHEE TERRANCE FALLAHEE COURTLAND GROUP HOLDINGS, LLC BASIS OF BEARING BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY OF BUFORD BOULEVARD WHICH HASA BEARING OF N89°34'15"W PER PLAT. NOTES 1. Additions or deletions to this sketch by other than the signing party or parties isprohibited without the woitten consent of the signing party or parties. 2. The property shown hereon is subject to all easements, restrictions and reservations which may be shown or noted on the record plat and within the public records of the county the subject property is located. This sketch only depicts survey related information such as easements and setbacks that are shown on a record plat or have been furnished to the Surveyor. 3. This sketch is prepared for the exclusive use and benefit of the parties listed hereon. Liability to third parties may not be transferred or assigned. l\ L ,.... 0 -I -.J z 0 0 ...l -..J <fi OI • =;; 0 CHARTER OAKS SUBDIVISION PB 79, PG 30 S 89"48'11" E 79.28' SUBJECT PARCEL 793± sqft LOT 18 N 89"34'15" W 79.28' RIGHT OF WAY VARIES z 0 0 ...l -..J OI • =;; 0 LOT 19 N 89"34'15" W 133.96' JOB#: VLSR20-44637 SURVEYOR'S CERTIFICATE CLIENT#: DRAFTER: BT APPROVED: JEW LB 7788 I HEREBY CERTIFY THAT THIS SKETCH IS A TRUE AND ACCURATE REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. ,,,,1111,,,,, ,,,��1·'t-£!lt'?.:::,,., 'S."c,� &'•�,:,. /::J' NO. 6573 ('-j>\ \ !�=•. STATE OF a•::: -::.�•. FLORIDA / $ "i-.,�·-.... . ... •� ,� Joseph E. Williamson, PLS ,,,,,,1111,,,,, DATED: 12-23-20 PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION #6573 VISION LAND NOT VALID WITHOUT THE ELECTRONIC SIGNATURE AND/OR ORIGINAL RAISED SEAL OF THE LISTED FLORIDA LICENSED SURVEYOR AND MAPPER �€R'll l f DATE REVISION DATE REVISION 941 5 Pennsylvania Ave, Winter Park, FL 32789 I (888) 399-8474 EXHIBIT A BUFORD BLVD CHARTER OAKS DR RED CEDAR LN TODD RD DEL BETMAR RD 2024 2020 2023 2019 2018204920432061202520492066204220372055202220672055206020732067205420612048205520212043AERIAL MAP N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Buford_Blvd-Vacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation2055 Buford Blvd Page 1 of 1Aerial Flown 2019 Date:2/9/2021KNMap Gen By: PROPOSED 10'x80'EASEMENT VACATION RBReviewed By:253BGrid #:1-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD 9462-21 Agenda Date: 5/6/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 1002 Eldorado Avenue, Clearwater to vacate a platted 5-foot Utility Easement, described as the west 5 feet of lot 7, Block 69, Mandalay, recorded in Plat Book 14, Pages 32 to 35, of the Public Records of Pinellas County, Florida, and pass Ordinance 9462-21 on first reading. SUMMARY: The property owner at 1002 Eldorado Ave., Clearwater, has requested that the City vacate a 5-foot platted Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a pool and pool deck. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 5/6/2021 [RE15-1313-080/265287/1] 1 Ord. No. 9462-21 ORDINANCE NO. 9462-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED 5 FOOT UTILITY EASEMENT, DESCRIBED AS THE WEST 5 FEET OF LOT 7, BLOCK 69, MANDALAY, RECORDED IN PLAT BOOK 14, PAGES 32 TO 35, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor [RE15-1313-080/265287/1] 2 Ord. No. 9462-21 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk ELDORADO AVE ISLAND DR 984 1001 1011 1000 1010 1013 1006 1002 10151020 AERIAL MAP N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\1002_Eldorado_Ave_EasementVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation1002 Eldorado Avenue Page 1 of 1Aerial Flown 2019 Date:3/11/2021KNMap Gen By: PROPOSED 5'EASEMENT VACATION RBReviewed By:238AGrid #:32-28s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9437-21 Agenda Date: 5/6/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Continue to June 3, 2021: Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. SUMMARY: CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, owners in Clearwater Cay Community Development District (Petitioners), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date (City Ordinance), have petitioned the City Council of the City of Clearwater, Florida (Council), through its Petition to Amend Clearwater Cay Community Development District (Petition), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District (District). The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the application and determined it to be complete and sufficient. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition or employment from District contraction. The persons affected by contraction are the future landowners, present landowners, the City of Clearwater and its taxpayers, and the State of Florida. Methodology is as set forth in the Statement of Estimated Regulatory Costs (SERC) on file with the City. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the Page 1 City of Clearwater Printed on 5/6/2021 File Number: 9437-21 local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. The area of land within the District as contracted is sufficient size, is sufficiently compact, and is sufficiently contiguous and has been developed as one functional, interrelated community. The area that is proposed to be served by the District after the contraction is amenable to separate special district government. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Property and, as to the Contraction Property shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. All notice requirements of law were met and complete notice was timely given. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 5/6/2021 Ordinance 9437-21 ORDINANCE NO. 9437-21 AN ORDINANCE O F T HE CIT Y O F CL E A RW A TE R, FL O RI DA , A ME NDI NG O RDI NA NCE 7 5 1 5 -05 A S A ME NDE D B Y O RDI NA NCE 7 564 -0 5, W HI CH E ST A B LI S HE D T HE CL E A RW ATE R CA Y CO MMUNI T Y DE V EL O P ME NT DI ST RICT , B Y CONTRACTING BOUNDARIES OF THE DISTRICT; DESCRIBING THE BOUNDARIES OF THE AREA REMOVED FROM THE DISTRICT AND DESCRIBING THE EXTERNAL BOUNDARIES OF THE CONTRACTED DISTRICT; PROVIDING THAT THE CITY MAY NOT AND SHALL NOT MODIFY OR DELETE ANY PROVISION OF THE DISTRICT CHARTER SET FORTH IN SECTIONS 190.006 - 190.049, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, (''Petitioners"), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date ("City Ordinance''), have petitioned the City Council of the City of Clearwater, Florida ("Council''), through its Petition to Amend Clearwater Cay Community Development District ("Petition"), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District ("District"); and WHEREAS, the Council, after proper published notice, conducted a local public, legislative and information-gathering ordinance hearing as required by law and hereby finds as follows: 1. The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020), and all statements contained within the Petition are true and correct, 2. The appropriate staff persons of the City of Clearwater have reviewed the Petition and have found that it is complete and sufficient, 3. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition [GM20-0-018/264589/1] 2 Ordinance 9437-21 or employment from District contraction. The persons affected by contraction are the future landowners and present landowners within the Contracted District, the future landowners and present landowners within the Contraction Parcel, the City of Clearwater and its taxpayers, and the State of Florida. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. 4. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. 5. The area of land within the District as amended is part of a planned community. The Contraction Parcel is not currently anticipated to be part of the same planned community and is not being served by any services or facilities of the District. 6. The District as amended will continue to be of sufficient size and sufficiently compact and contiguous to be one functional and interrelated community. 7. The District issued capital improvement revenue bonds, the repayment of which is through special or non-ad valorem assessments levied against benefited properties within the District. 8. On October 19, 2016, the properties in the Contraction Parcel were released from any obligation related to the bonds through a Partial Release and Satisfaction of Lien. 9. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Parcel and, as to the Contraction Parcel shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. 10. All notice requirements of law were met and complete notice was timely given. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater that: SECTION ONE: DISTRICT NAME. The Community Development District as herein contracted will continue to be known as the "Clearwater Cay Community [GM20-0-018/264589/1] 3 Ordinance 9437-21 Development District." SECTION TWO: AUTHORITY FOR ORDINANCE. This Ordinance is adopted pursuant to Section 190.046(1)(a) and (l)(b). Florida Statutes (2020), and other applicable provisions of law. SECTION THREE: CONTRACTION OF DISTRICT: The Clearwater Cay Community Development District as created by Ordinance No. 7515-05 as amended by Ordinance No, 7564-05, is hereby contracted to exclude the Contraction Parcel, as described in the Petition, and the new, contracted boundaries of the Clearwater Cay Community Development District (excluding the Contraction Parcel) shall be comprised of the real property described in Exhibit A attached hereto and incorporated by reference herein. The District upon the effective date of this Ordinance, shall be duly and legally authorized to exist on all of the real property described on Exhibit A and to exercise all its general and special powers, in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006 - 190.049, Florida Statutes, without question as to the District's contraction, and its continued rights. authority and power to exercise its limited powers under law. The District shall thereafter exercise no powers as to the Contraction Property. SECTION FOUR: STATUTORY PROVISIONS CONSTITUTING THE UNIFORM CHARTER DISTRICT. The Clearwater Cay Community Development District shall continue to be governed by the provisions of Chapter 190. Florida Statutes, specifically Sections 190.006 - 190.049, Florida Statutes, which constitutes its uniform charter created by general law. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance or resolution of the City of Clearwater or other applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE. This ordinance becomes effective upon filing with the Florida Secretary of State. [GM20-0-018/264589/1] 4 Ordinance 9437-21 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk [GM20-0-018/264589/1] Ordinance 9437-21 Exhibit A LEGAL DESCRIPTION OF CONTRACTED CDD __________________ A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89°19'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01°26’21”E, along said East right of way line, a distance of 350.00 feet; thence S89°19'48”E parallel with said South line of Section 20, a distance of 175.00 feet to the Southeast comer of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01°26’21”E, along the East line of said property, a distance of 200.00 feet to the Northeast comer of said property; thence N89°19'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01°26'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89°19'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01°26'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast comer of said property; thence N89°19'48”W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01°26’21”E, along said East right of way line, a distance of 361.95 feet; thence S89°26'50"E, a distance of 885.00 feet; thence S01°26'21”W, a distance of 572.00 feet; thence N89°19'48”W, a distance of 263.00 feet; thence S01°26'21”W, a distance of 246.00 feet; thence N89°19'48"W, a distance of 12.00 feet; thence S01°26'21"W, a distance of 349.37 feet to said South line of Section 20 and the North line of said Section 29; thence S89°19'48”E, along said South line and North line, a distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence S00°27'22"E, for 43.51 feet to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the Public Records of Pinellas County, Florida, said comer also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00°27'51”E, and having a radius of 35.00 feet, a central angle of 14°51’42”, an arc length of 9.08 feet and a chord bearing S83°02’00”E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13°43'39”, an arc length of 8.39 feet and a chord bearing S82°27'58"E, for 8.37 feet to the point of tangency; thence S89°19'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00°40'13"E, and having a radius of 55.50 feet, a central angle of 118°44'08", an arc length of 115.01 feet and a chord bearing N31°18'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61°56'04"E, and having a radius of 15.00 feet, a central angle of 46°10'01", an arc length of 12.09 feet and a chord bearing S51°08'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56°40'40", an arc length of 123.65 feet and a chord bearing N77°25'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00°31'45", an arc length of 2.80 feet and a chord bearing N49°21'15”E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40°22'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40°43'39"W, and having a radius of 74.87 feet, a central angle of 02°40'04", an arc length of 3.49 feet and a [GM20-0-018/264589/1] Ordinance 9437-21 chord bearing N47°56'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34°19'10", an arc length of 140.16 feet and a chord bearing N63°45'52"E, for 138.08 feet to the point of tangency; thence N80°55'27"E, for 97.25 feet; thence N56°01'58"E, for 40.45 feet; thence N78°50'41”E, for 127.14 feet; thence S78°23'09"E, for 24.44 feet; thence S11°52'40"E, for 9.10 feet; thence N79°23'05"E, for 49.80 feet; thence N10°51'19"W, for 10.82 feet; thence N42°27'28"E, for 66.63 feet; thence N35°48'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38°08'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54°10'51”E, for 17.03 feet; thence East, for 96.27 feet; thence N55°05'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39°42'28", an arc length of 44.35 feet and a chord bearing N70°08'46”E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36°55'37", an arc length of 37.38 feet and a chord bearing N68°45'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87°13'09", an arc length of 82.20 feet and a chord bearing N43°36'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89°19'09"E, for 779.97 feet; thence S60°00'00"W, for 1333.52 feet; thence S89°19'48”E, for 209.91 feet; thence S24°54'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52°36'11"E, and having a radius of 1577.45 feet, a central angle of 13°22'27”, an arc length of 368.22 feet and a chord bearing S30°42'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89°04'26"W, for 829.18 feet to the Southeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence N89°21'00"W, along the South line of said property, a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence N00"51'16"E, along said East right of way line, 627.67 feet to the said POINT OF BEGINNING; LESS AND EXCEPT the following described parcel: A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480, Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20 and run South 89°19'48" East, 100.00 feet to the East right-of-way line of U.S. Highway 19; thence North 01°26'21" East along said East right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01°26'21" East, along said East right-of-way line, 345.00 feet; thence South 89°19'48" East, 252.55 feet; thence South 01°26'21" West, 345.00 feet; thence North 89°19'48" West, 252.55 feet to the POINT OF BEGINNING. AND FURTHER LESS AND EXCEPT the following described parcel: A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, S.89°19'48"E., A DISTANCE OF 100.01 FEET, TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET; THENCE S.89°19'48"E., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 252.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9527, PAGE 480 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE [GM20-0-018/264589/1] Ordinance 9437-21 POINT OF BEGINNING; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 345.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 77.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13955, PAGE 418 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 200.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 175.00 FEET, TO SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 73.79 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13618, PAGE 2304 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°19'48"E., ALONG THE SOUTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 179.82 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE NORTHWEST CORNER OF SAID PROPERTY, SAME BEING A POINT ON THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 361.95 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9842, PAGE 1005 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°26'50"E., ALONG SAID SOUTH LINE AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 885.02 FEET, TO THE NORTHWEST CORNER OF THE GRAND BELLAGIO AT BAYWATCH CONDOMINIUMS, AS RECORDED IN CONDOMINIUM PLAT BOOK 129, PAGE 001 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WESTERLY LINE OF SAID PLAT S.01°26'21"W. FOR 572.00 FEET; THENCE N.89°19'48"W. FOR 263.00 FEET; THENCE S.01°26'21"W. FOR 246.00 FEET; THENCE N.89°19'48"W. FOR 12.00 FEET; THENCE S.01°26'21"W. FOR 205.92 FEET; THENCE N.88°34'42"W., 200.38 FEET; THENCE S.01°25'18"W., 141.08 FEET; THENCE N.89°19'48"W., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 157.10 FEET, TO THE POINT OF BEGINNING. Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Subject Area Future Land Use (CG) Commercial General (P) Preservation (RL) Residential Low (RM) Residential Medium (T/U) Transportation/Utility (US 19-C) US 19 Corridor (US 19-NC) US 19 Neighborhood Center (WATER) Water Exhibit 5 - Future Land Use ¹Map not to scale 1 inch equals 625 feet¹ PETITION TO WITHDRAW PROPERTY/AMEND THE BOUNDARY OF THE CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT Submitted by: Scott D. Clark Florida Bar No. 295752 Clark & Albaugh, LLP 700 West Morse Boulevard, Suite 101 Winter Park, Florida 32789 (407) 647-7600 Attorneys for Petitioner/Owner FYI :L1:etM # I 5 J 5 cf\ I C ~fAL~) 9( ')actj ZOO5' PETITION TO ESTABLISH j v:; i.. "-' '1 ~.Q' tG' THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Submitted to the City of Clearwater, Florida City Council PREPARED BY: Thomas A. Cloud Frank Fleischer GrayRobinson, P .A. 301 East Pine Street, Suite 1400 Orlando, FL 32801 407) 244-5624 1.Petition Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I INDEX Clearwater Cay Club Community Development District Survey Legal Description of the Land Comprising the Clearwater Cay Club Community Development District Clearwater Cay Club Community Development District Consent of Land Owners Clearwater Cay Club Community Development District Board of Supervisors Maps showing current major trunk water mains,sewer interceptors and outfalls Clearwater Cay Club Community Development District Preliminary Infrastructure Cost Opinion Statement of Estimated Regulatory Costs (SERC) Maps (including Aerial. Water Park, Overall Master Plan, Site Plan, Future Land Use, Zoning and narrative) Authorization of Agent - W. Scott Callahan, Esquire and Thomas A. Cloud. Esquire 2.Notice of Public Hearing 364630 v1 RECEIVED MAR 0 7 2005 ITY ATTORNFv 1 BEFORE THE CITY COUNCIL CITY OF CLEARWATER, FLORIDA IN RE: PROPOSED ORDINANCE PURSUANT ) TO SECTION 190.005(2), FLORIDA STATUTES, ) TO ESTABLISH THE CLEARWATER CAY CLUB ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION FOR ESTABLISHMENT OF CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Petitioner, DC703, LLC, a Florida limited liability company, petitions the City Council of the City of Clearwater, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, and Florida Administrative Code 42-1 to adopt an ordinance establishing a community development district to be known as Clearwater Cay Club Community Development District (the District") and designating the land area for which the District would manage and finance the delivery of basic services. In support of this Petition, Petitioner states as follows: 1. Petitioner. Petitioner is a Florida limited liability company with its offices located at 2704 Via Murano, Clearwater, Florida 33764. 2. Location and Size. The land area to be served by the proposed District contains approximately 40.339 acres. All of the land in the proposed District lies within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida, located generally in the area east of US Highway 19 and north of State Road 60. A description of a survey of the land prepared by Post Buckley Schuh and Jernigan, Inc. is attached hereto as Exhibit "A" and the original of the survey is delivered to the City of Clearwater with this Petition and incorporated herein by reference. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit B" and incorporated herein by reference. 3. Land Owner Consent and Address. Petitioner either owns, controls, or has consent to file for 1 00% of the real property located within the proposed District. Attached hereto as Exhibit "C" and incorporated herein by reference is the written consent to the establishment of the District by the land owners as defined in Section 190.003(13), Florida Statutes, of one hundred percent (100%) of the real property to be included in and served by the District. 4. Board Members. The five persons designated to serve as the initial members of the Board of Supervisors of the District are identified on Exhibit "0" attached hereto and incorporated herein by this reference. These initial Supervisors shall serve on the Board until replaced by elected members as provided by Section 355599 vI 190.006, Florida Statutes. All of the initial Supervisors are residents of the State of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is Clearwater Cay Club Community Development District. 6. Water and Sewer. The major trunk water mains, sewer interceptors and outfalls currently in existence on the property or adjacent to the property to be served by the District are identified on Exhibit "E" attached hereto and incorporated herein by reference. 7. District Facilities and Services. The proposed District is seeking to be granted the right to exercise all the powers provided for in Section 190.011 and 190.012, Florida Statutes. Based upon available data, the proposed time tables and related estimates of cost to construct District services and facilities, based upon available data, are attached as Composite Exhibit "F" and incorporated herein by this reference. As provided by Chapter 190, Florida Statutes, these estimates are submitted in good faith but are not binding and may be subject to change. 8. Statement of Estimated Reaulatorv Costs. The statement of estimated regulatory costs of the granting of this Petition and the establishment of the District pursuant thereto is attached as Exhibit "G" and incorporated herein by this reference. 9. land Uses. The future general distribution, location and extent of public and private uses of land proposed for the area within the District have been incorporated into the adopted Clearwater Comprehensive Policy Plan. The proposed land uses are consistent with ClearWater's Comprehensive Policy Plan. A copy of the future land use map containing the pertinent portion of the Clearwater Comprehensive Land Use Plan is attached as Exhibit "H" and incorporated herein by reference. 1 O. Address of the Petitioner and its Authorized Aaent. The address of Petitioner is: DC703, LLC 2704 Via Murano Clearwater, Florida 33764 Attention: Dave Clark The authorized agent for the Petitioner is: W. Scott Callahan, Esquire Stump, Storey & Callahan 37 N. Orange Ave., Suite 200 Orlando,FL 32801 Thomas A. Cloud, Esquire GrayRobinson, P.A. 355599 vi 2 301 East Pine St., Suite 1400 Orlando, Florida 32801 An Authorization of Agent is attached to and incorporated in this Petition as Exhibit "I". 11. Justification Statement. This Petition to establish the Clearwater Cay Club Community Development District includes property within the proposed District which is amenable to operating as a community development - district and, therefore, should be granted, for the following reasons: a) The area of land within the proposed District is part of a planned community, for which planned unit development approval has been received from the City. The property to be included in the District is of sufficient size and is sufficiently contiguous and compact to be developed as one functional and interrelated community and the District is planned to be developed as such. The area to be served by the proposed District is amenable to separate special district government. b) Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with the applicable elements or portions of the Clearwater Comprehensive Plan or the State Comprehensive Plan. c) The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the proposed District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in Clearwater from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the proposed District. d) The community development services of the proposed District will be compatible with the capacity and use of existing local and regional services and facilities, allows for a more efficient use of resources, provides the opportunity for new growth to pay for itself, and provides a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities. 12. Supplemental Petition. A supplemental petition will be filed containing prefiled testimony for the public hearing and any other pertinent information, data, or analysis requested by the City of Clearwater. WHEREFORE, Petitioner respectfully requests the City Council of the City of Clearwater to: 355599 vI 3 a) Schedule a public hearing in accordance with the requirements of Chapter 190, Florida Statutes, to consider the establishment of the Clearwater Cay Club Community Development District; b) Grant the petition and adopt an ordinance pursuant to Chapter 190, Florida Statutes, establishing the Clearwater Cay Club Community Development District; and c) Consent to the District's exercise of its statutory powers which includes all powers set forth in Sections 190.011 and 190.012, Florida Statutes. RESPECTFULLY SUBMITTED, this In day of (YJ~c..(+ ,2005. ROB~ON, P. . C{. Thomas A. Cloud, Esquire 301 East Pine Street, Suite 14 Orlando, FL 32801 407 -843-8880 355599 vI 4 EXHIBIT "A" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT SURVEY The survey is attached and has been submitted to the City of Clearwater. . I .!. Ull~Ni . , ! H i.lil...l!~ .'l.~ 'If'fl.I' i I IJ!Il'lljIP I ~lf!h;~ :ll~llili f. 'a'I'I~lli'~I '!~.II'i~1 11'" I '. 'i~!'~"""f!l. " II I bII.III! :1'11'1'~~' !,.~jl ~ ~UI~~il!;i'lif~:II'~i l'il 3~; j' II." I~ 1 j"'" "! .t"i ' ..-- 'l r · 'I ;.; 'j II'II!.1 .,!~ .~'. 1i..:ll '2 ii' I" '",. I" " .,i l~"l"ll II I Jllt""I' 51'!,0;: j"l~ .j . I'll ""~ ,.I.l~ I'i5fI~ ,Ir~'"., II'!I ! I.: ;!i~ I.:t 'I '1li~,ltl!~il.f!;!j ,}II~H~ !='i~ I~I J '~I~rih~~!'lrli!' t il!~,tilt H.!l~~ z ! iiIHI'I~{tl! i~ 1 ~i"h I . a'. . I_!tljl'i.ai~ C2 ~ 'l;llsl'~li.hl~ieill · IIjtlitl.. I "~ !.sli~!I.'II,~!NI' r: c:: ! ~'~l.il'I!!r.~liilr.!!i f ~'II!.I'!jI;lltlil,!nl~~'ljl.tl j'I~iilli~0 . I , os .... - ,,1..< . 's ' ,,'.~' ~ I I ! l0..J J i. i i!lh~ ''''.." . il'il'I'.I!,I'.t!"l;"'~"I' .!'~II'11u.. II: ...' ~..'S 1: J II. ! .S"'a.!'~ it s ..GlI5Is 'I!; f l~illt~!'.lir.lllij'~ ~ 1;1~lll'llhl':IIII.ll~ j ',d' wiI1.;'-.11 I I . , " ! ->I "I .,,~ '''. I I!II,W!-J ~;lie.!' I 1~!'ll~""I!'~" ,ll !.I~l~lil.0 · I. i II f",,_I.. 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I ~ I L II't.IOS U"tJ.1 1...11IM i..1, i I~A\'MHOIH.s.n'8S~ !.I."'.LS g ~~ l"3~ a w I I ~~ i .; h! ~l 0 :~8 3~ ~ ~~~ ~ 0 il & !a. ~ ~ l/!; ~ o.~ = ~ U! ~ ig ~$!:~ f __ h 8~ It ~ ;I i~ I~( ~ ~ i :nH;; ~ i a:g ~f ..;~g' ; ~ I~nI I I I I i~ 0. II i II II m /I! 0' oo~1 J 80'''10 2: 1 II Ii li iE Ii! EXHIBIT 4 wi ~ EI~g ~~ a ii .~J.~ goO: 0 !h i U h ~. h8 0 i~~~ ~g~ inii. ~u d~~ ~h d/(g8 1 ~ill I ~ H U i 0. 3 ill' ~~' 5'" - EXHIBIT "B" LEGAL DESCRIPTION OF THE LAND COMPRISING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019' 48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019' 48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Sect,ion 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet. to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest;-thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; ll EXHIBIT thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet-to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence Nl0051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by . documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, . having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. EXHIBIT "C" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT CONSENT OF LAND OWNERS CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT Grand Venezia Clearwater, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company By: SUNVEST RESORT COMMUNITIES, LC, a Florida Limited liability company, as its Manager STATE OF FLOl1lDA COUNTY OF (?nA;\;iIitrcC J.J.T 1 The foregoing instrument was acknowledged before me this 2!:1....:.. day of JJ2bJ.f a...~ ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT C MUNITIES, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited . liability company, by who is personally known to me or who has produced- as identification. P~ R'-' C' tjor'" Public State 01 Florida Notal'j r~~r. "A Alvarez 7 M~'con'r...\SSlon DD21J84 22J'''''''7 E.~plieS \JV LVV' 1~. - . i J') Signat~t ry, A12iLt if-( ,4) LtLfQl Printed Name of Notary Commission Expires: b!iJf1?i1lWI {), 363309 v1 Iii iE EXHIBIT C LEGAL DESCRIPTION: A parcel of land in SectioIl 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21riE, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51. feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'OA",an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S7S023'09"E, for 24.44 feet; thence S11052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01 026' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius.of 35.00 feet, a cenOtral angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82 0 27' 58 "W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'OO"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT DC703, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: DC703, LLC, a Florida limited liability company F. Dave Clark, as Manager STATE OF FLORIDA COUNTY OF ~~-roe.. The foregoing instrument was acknowledged before me this ~\.s'-day of x::r~~-v~~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. J~~ II ~~ Sig~otary t:~t"O-'" ~ ~~ Printed Name of Notary , Commission Expires: ~ ---~ ~ III'" DEBORAH A. SMITH fm\ Notlry Public ". Stlte of Florida Ioty Commission Expires Sep 30, 2005 W Commis&ion . 00056559 r..r,;.~ Bc~ded By Nelianal Notlry Assn. 363309 v1 jj EXHIBIT C/ LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of p'roperty conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 7 3.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 48 "W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 ,feet, a central angle of 13043'39", ah arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", .an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WIT~ an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Se~tions 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01 026' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027' 58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U. S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. EXHIBIT "0" CLEARWATER CAY CLUB COMMUNITY DEVELOMENT DISTRICT BOARD OF SUPERVISORS 1. Darcy Edwards 2724 Via Murano, Unit 620 Clearwater, FL 33764 2. Gary Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 3. David Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 4. Cristal Coleman 2749 Via Cipriani, Unit 10158 Clearwater, FL 33764 5. Fred Clark, Sr. 2709 Via Cipriani, Unit 521A Clearwater, FL 33764 EXHIBIT ii i a;D EXHIBIT "E" MAPS SHOWING CURRENT MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS I ' I w l!Ii ~ 11i ~:Ii: E ~a 1&, Qb tQ1 ~ '- 1>. \ r\\ '\ :~ I \ \~ t _ ~\ Jrr:Jl=---lI...tr-.~;j~ " ~.~ .1I I' I Ir-i I I I I \ ~ I I' ,_ ~. ~ I I rrb __I-I I __~ =) ___I II L.-A~~_::::J:~r ,II I ~~..... II III I '~ 11 III1 ,I I ~:I tl II I g; IIIIiliIII II I ,~ III II I,'" I I ~ 1t- 1 r-- -/- --71 I~I' _ II 'II - r - l I - -.... 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I!! w UJ Ii o UJ i z y l a: Ii Iii c 3ffi0 I!! ::Ii ~ 2iJ U ~ I u ~ ~ l :l ": Ii ~i2 ~ g ~ u i 1 ~ II I a ~ DC703 COMMUNITY DEVELOPMENT DISTRICT PRELIMINARY INFRASTRUCTURE COST OPINION Grand Venezia Cay Club TOTAL WATER I WASTEWATER Stormwater System $198,000 $1,907,500 Seawalls $625,000 $725,000 Water Mains $99,000 $93,000 Reclaimed Water $0 $63,000 Sanitary I Lift Stations $592,100 $882,100 Utilities $312,500 $300,000 1,826,600 $3,970,600 $ 5,797,200 ROADWAYS .. Entryway Structures $50,000 $100,000 Road (4LD) $0 $149,600 Road (2L) $266,000 $105,000 Parking (On-Street) $574,800 $61,200 Lighting $175,000 $140,000 Plaza (3) $0 $294,532 Landscaping (Roads) $266,000 $391,083 Sidewalks $101,750 $24,100 1,433,550 $1,265,515 $ 2,699,065 RECREATION I WATERFRONT TennisNolleyball Courts $300,000 $300,000 Water Features (Fountains) $0 $700,000 Waterfront Theater $0 $850,000 Fountains $0 $960,000 Flower Garden $0 $225,000 Docks / Wharf / Promenade $750,000 $750,000 Bridges $0 $500,000 Kiosks $0 $150,000 Landscaping $0 $715,000 Pool $0 $270,000 Gazebo $50,000 $50,000 1,100,000 $5,470,000 $ 6,570,000 PARKING Parking Structures $0 $1,650,000 $ 1,650,000 SECURITY Guardhouses $50,000 $150,000 Walls $0 $6,500 50,000 $156,500 $ 206,500 4,410,150 $ 12,512,615 Note: This is a preliminary cost opinion only and is GRAND TOTAL: $ 16,922,765 based on information provided by the owner to date. For Informational Purposes Only. EXHIBIT f r r EXHIBIT "G" STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to establish the Clearwater Cay Club Community Development District ("District"). The proposed District comprises approximately 40 +/- acres of land within the City of Clearwater, Florida on which approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, 27,014 S.F. of restaurant space, parking and recreational facilities are planned for development. The aforementioned development program will be added to the 336 existing apartments. The limitations on the scope of this SERC are set out in Chapters 120 and 190 F.S. (2004) (specifically, Sections 190.005(1)(a)8, and 120.541(2)). Moreover, Section 190.002(2)(d), F.S. (2004), provides "that the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant emphasis added)." 1.2 Overview of the Clearwater Cay Club Community Development District The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance. The development plan for the proposed lands within the District includes the construction of approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space,27,014 S.F. of restaurant space, parking and recreational facilities. The 336 existing apartments will be renovated to compliment the newly constructed development program. 1.3 Requirements for the Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory costs must contain: a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local govermnental entities, required to comply with the requirements of 1 1 iis EXHIBIT the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. d) An analysis of the impact on small businesses as defined by Section 288.703. F.S. 2004), and an analysis of the impact on small counties and small cities as defmed by Section 120.52, F.S. (2004). The City of Clearwater is not defined as a small city for purposes ofthis requirement. e) Any additional information that the agency determines may be useful. f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (l)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ' rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, Clearwater Cay Club is designed for approximately 336 apartments, 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, and 27,014 S.F. of restaurant space. Establishment of the District would put all of the households and businesses that locate within the community under the jurisdiction of the District. Of course, the decision to locate within the District is a voluntary one. 3.0 A good faith estimate of the cost to state and local government entities of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Govermnental Agencies ofImplementing and Enforcing Ordinance State Govermnent Entities The District consists of fewer than 1,000 acres; therefore the City of Clearwater is the establishing entity under Section 190.005(2), F.S. (2004). There will be only modest costs to various State govermnental entities to implement and enforce the proposed establishment of the District. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of several hundred govermnental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is de minimis. Additionally, pursuant to Section 2 189.412, F.S. (2004) the proposed District must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. The City of Clearwater The land within the District is within the municipal limits of the City of Clearwater and consists of fewer than 1,000 acres. The Clearwater City Council and its staff will process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. These costs to the City are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City of Clearwater already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. Finally, costs related to staff's time to process the petition to establish the District have been offset by a filing fee that will be paid to the City. The annual costs to the City, because of the establishment of the District, are also very small and within control of the City. The proposed District is an independent unit of local govermnent. The only annual costs the City faces are the minimal costs of receiving and to the extent it wishes, reviewing the various reports that the District is required to provide to the City. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local govermnent with limited powers. It is designed by law to provide community facilities and services to the lands that comprise the Clearwater Cay Club Community. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, "are not debts of the State of Florida or any other unit of local govermnent. In accordance with State law, debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. It is anticipated that the District will fund, own, operate, and maintain the community's recreational amenities, public parking, and security facilities. The District also plans to construct and fmance the internal roadway system, and potable water and wastewater utilities. It is anticipated that these facilities will be turned over to the City of Clearwater for ownership and maintenance. 3 Table 1. Clearwater Cay Club Community Development District Proposed Facilities and Services FACILITY FUNDEDI O&M OWNERSHIP CONSTRUCTED W ater/Wastewater CDD City of City of Clearwater Clearwater Roadways CDD City of City of Clearwater Clearwater Recreation CDD CDD CDD Parking CDD CDD CDD Security CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated to be approximately $16,922,765. To fund this construction program the District may issue special assessments or other revenue bonds estimated to total $22,000,000. These would be repaid through non-ad valorem assessments levied on all developable property within the District that specially benefit from the District's capital improvement program as outlined in Table 2. Table 2. Summary of Estimated Capital Costs Clearwater Cay Club Community Development District Category W ater/Wastewater Roadways Recreation Parking Security Total Construction Estimate 5,797,200 2,699,065 6,570,000 1,650,000 206.500 16,922,765 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 2 are typical for developments of the type contemplated. There is nothing peculiar about the District's fmancing that requires additional infrastructUre over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. District-imposed assessments for operations and maintenance costs are similar to what would be charged by a property owner's association common to most mixed-use developments except they are govermnent enforced first liens. 4 Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance assessments must also be in line with the costs imposed by the competition. Furthermore, the decision to locate within the District is completely voluntary. These potential residents are given full disclosure of the existence of the district and level of anticipated assessments. So ultimately, all owners and users of the affected property chose to accept the District's costs in tradeoff for the benefits that the District provides. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District fmancing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer equity and/or bank loans. It should be noted that occupants of the lands within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism to ensure that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. 2004), and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (2004). There will be no impact on small businesses because of the establishment of the District. If anything, the impact may be positive. This is because the District must competitively bid certain contracts. This affords small businesses the opportunity to bid on District work. The City of Clearwater has an estimated population (not incarcerated) in 2004 that is greater than 10,000. Therefore the City of Clearwater is not defined as a "small" city according to Section 120.52, F.S. 5 6.0 Any Additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Input was received from the developer's engineer and other professionals associated with the developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities ~d services to the project. As an alternative to the District, the City of Clearwater could approve a dependent special district for the area, such as an MSBU or a special taxing district. Either of these alternatives could finance the improvements contemplated in Table 1 in a fashion similar to the proposed District. There . are a number of reasons why a dependent district is not the best alternative for ' providing community facilities and services to the Clearwater Cay Club Community. First, unlike the District, the alternatives would require the City of Clearwater to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Administering a project of the size and complexity of the development program anticipated for the Clearwater Cay Club Community is a significant and expensive undertaking. Second, a District is preferable from a govermnent accountability perspective. With a District, residents and landowners in the District would have a focused unit of govermnent ultimately under their direct control. The District can then be more responsive to resident needs without disrupting other City responsibilities. By contrast, if the City of Clearwater was to establish a dependent district, then the residents and landowners of the Clearwater Cay Club Community would take their grievances and desires to the City Council. Third, any debt of a District is strictly the District's responsibility. While it may he technically true that the debt of a City-established dependent, special district is not strictly the City's responsibility, any fmancial problems that the special district may have will inevitably entangle the City. This will not be the case if a District is established. Another alternative to the District would be for a property owner's association to provide the infrastructure, operations, and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can obtain low cost funds from the municipal capital markets. Second, the District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local govermnent. This provides a higher level of oversight and accountability. 6 Fishkind and Associates certifies that this SERC meets the requirements for a Statement of Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004). We have developed over 25 SERCs. Below is a list offive of these. Urban Orlando Community Development District Marshall Creek Community Development District Cedar Hammock Community Development District Meditera Community Development District Brooks Community Development District 7 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 within 9 months following end of fiscal year 218.39 within 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 (d) no later than 12 months after end of fiscal year or (e) no later than April 30 TRIM Compliance Report 200.068 no later than 30 days after adoption of resolution establishing property tax levy Form I - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 280.17 by November 30 Proposed Budget 190.008 at least 60 days prior to adoption Public Facilities Report 189.415 within one year of creation; annual updates thereafter Public Meeting Schedule 189.417 qUarterly, semiannually or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.416 30 days after first meeting 8 EXHIBIT "H" MAPS INCLUDING AERIAL, WATER PARK, OVERALL MASTER PLAN, SITE PLAN, FUTURE LAND USE, ZONING AND NARRATIVE) H.UIION .L33HS1111301ll I, f IIij 1II11 11\ I )()"-,<,\ ',' OJ~llJ\' lUll\; n'N ::Fl""0. 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W II II0 () J !L0 w II 0:: 0 z 2 z ~ r.: i ~ m o " :> o !Z d0: UJ >- 0 0: -' ili ~ d " 6~ A'v'MH~IH 's'n - 99 a'v'oCj 31'v'lS Z o ::; u ~ ~ l :> "', ii 0:a :$ ~ ti > ~ 0 a 1 ~- l! i -~ Michael Redd Associates, P.A. Michael T. Redd. President Frank a. Baynham, Vice President Clearwater Cay Club US Highway 19 North Clearwater, Florida Introduction This narrative describes the intended improvements for the property, now called the Clearwater Cay Club. The existing project comprising 24.08 acres contains 336 apartments and attendant garages, known as Venezia, built in clusters along the waterside on Old Tampa Bay. These buildings, along with several support structures and clubs, have been previously designed and constructed using Venetian Italian architectural design influence. The color palette and certain fascia detailing enabled the previous owner to market these apartments under the label Venezia. The new plan encompasses the Venezia Village as well as an adjunct new. development directly adjacent to Venezia. This new develop provides a wide range of additional amenities, both for the residents and for visitors. In continuing the Italian theme and reinforcing the Italian Architectural character the current owners intend to enhance the stated vernacular with a more authentic Venetian inspired architectural approach. The new buildings will be designed with careful attention to proportion, style, material use and graphic-architectural detailing. Further, the placement of shops of Venetian Mediterranean character are located on, and will replace, the old Levitz shopping mall that is barely functioning and has out-dated architecture not in keeping with the style of the initial project. . Key Changes Clearwater Cay Club is now being designed as a regional destination attracting local, national, and International users. Its site designed and location celebrates the water. Its landscape evokes a warm Floridian-Mediterranean environment. The master plan introduces a new shallow fresh water basin and small canal system that, while not connected to salty Clearwater Bay, will impart a strong visual impression that a water network is the project's integral component. Around this new lagoon (Lagoon di Alba) new Venetian inspired themed structures will contain spa, new residences, retail shops, offices and a hotel, all supported by new structured parking. 631 U.S. Highway One, Suite 300 -A North Palm Beach, FL 33408 Voice: 561.863.2500 Fax: 561.863.2505 E-mail: Reddplan@aol.com Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd Associates, P .A. Internal Roadway and Landscape Enhancements The existing apartments will still be accessed as now from Bellair Road, with a major security access gatehouse for enhanced security and exclusivity. Clearwater Cay Club's internal roadways will be improved and enhanced by an appropriately themed streetscape (graphics, street trees, street furniture, etc.) as well as enhanced entry and exit points from US 19 N. Special paving materials and unique landscape themed plantings will unify the Venezia with the additional new properties and present the project as a unified design. Via Veneto Via Veneto serves as the main arrival visual by the creation of a central and newly created "Main Street." Via Venteo is conceived as a true European shopping street with access to shops, hotel, and adjacent parking structure at the ground level. This unique blend of exciting architecture and a European countenance will become the entire project's visual icon. Galleria Shops along the Via Veneto will be differentiated by Venetian striped gondola posts and banner awnings and will have streetside architecture again with a strong Venetian Architectural vernacular. Covered promenade walkways with regularly occurring side pedestrian vias will offer frequent merchandising corners and invite pedestrian traffic into the heart of the new project. Utilizing the southern footprint of the existing mall, and as much of the support structure as can be retained, an extended gallery of smart shop units will be developed using Venetian city design principles. Three stories high, with ceramic barrel tile roof and faux Venetian flared chimneys above, the Galleria can be accessed from Via Veneto, or from several pedestrian only passigiata (passageways) that pierce the building, or from the canal side to the east. A projecting arcade that is a sunscreen during the summer months will protect the faQade of the Galleria on the east side. Concept drawings illustrate the use of canted shade awnings, radius arched entries, decorative lanterns and lighting, and sophisticated signage that will be controlled and defined in the owner-tenant design guidelines. A small Bridge of Sighs (Ponte dell Sopire) spans Via Veneto at the second or third levels, connecting upper level parking with the Galleria. As well these upper Page 2 of 3 Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd Associates, P .A. level pedestrian bridges serve to connect (on a N-S axis) living units with the hotel and shops. A central feature of the building at an interruption point of the Golden Section levels by a tower was inspired by the Torre dei Mori on St Mark's Square. This fa<;ade detail carried an early clock design and other interesting details. This design is repeated on the west side. A major archway gives entrance to one of the passages. Internally, apartments and/or offices will be found at the second and third levels. The internal access to these has yet to be established but will probably be from escalators and steps off an internal covered courtyard than runs the axis of the structure. The Canal and the Lagoon The small canal shown on the plan runs south to north. It is spanned in two places by small Venetian bridges that will give access to the east side of the.. Lagoon. These bridges contain archways of sufficient height and breadth to allow for the passing of a gondola below. The canal enters the Lagoon under one of these brick or stone-faced bridges. On this body of water evening shows are possible with water and light generated spectacles. Occasional processions of traditional Venetian boats that are highly decorated reinforce the theme. Around the edge of the Lagoon runs the Cammino degli Andanti - or Pedestrian Promenade - a walkway and strolling area which will be illuminated at night by appropriate cast iron street lanterns. The master plan illustrates a small covered performance gazebo that juts into the lake. Restaurants and shops face the lake. There is sufficient plaza dimension to extend some of the restaurants into outdoor tables and chairs. As in Venice, these areas will be protected by kinetic shade structures. Hotel A five-story hotel is planned as the central anchor of the project. The intended footprint overlays the center and north part of the Levitz Mall demolished to provide the new footings. A porte cochere and valet drop off will be provided on the west side along the Via Veneto, or from the Piazza Minore, one of two traffic circles. W:\PROJECT\Clearwater\02,07,05\Cay Club Narrative on MRAPA stationeryl.doc Page 3 of 3 E -I--/S {'''Y '1:" -fv-"",,, -{.('.... 0-.1 "'~:k k 1:"4.,."",,i.'4'" V ..~. f;, If."" ,"'.... 0 I Sc",l. : '= ~O . I i J E: o o : o E J::i g: E' I;, cli I> L l: 1"0 fUl I: 1: 0;: I t), I'll E. . I'- I Il) I'- co I'- I IIl) i I'- N V 0 co en co C/) v C'l t 0 J 5 '" <D U. al N Q co :; 0 Il) J I- C/) 1 5 ~ N U. al C/) (") N I- .... CXl Z .... J ui I'- l .... C/) N V J 0 co E C/) ui '" E .- 0::m 0 .... co N 0 ~ I'- Cl. 0 (") CXl N Z .... V N I.Cl '" a:> 52 ...: ",- '$ 0:: (") N Cl. ifi (") N ~ m0:: I.Cl .... ro N ro cri I'- I.Cl Il) W ,. 0:: m I t) I'll I> J:: I- a:>N N C'l N m i iIl) Lm- a:> 1:; 0, i 1:'i 0 ~; I'll 1::o 01e::: :;:I. i i' .Q Qj Cl) III I ' ..... ,5 1 ::g 0' ':; 5 E J2..'I Ul::l' ~: E::~i ~i I El ,~i jl>1.g, oS: ! i~1 :'~J1>. · I'll' g>lrol i 0.,.5 oJ~: I~: EI l~' 1 ~jl,gi(1);:Qii 1:.0: i~ i~:;' g.... .....I~ ;. g-!:::iEB o ,+ Ul,<I>, I: 1 l3! ~. <I> llii g l.g! to: oS.e;- i ~!~~ i~i]l~ 1....1....._ 1..., 11 J~;J~~; co Il) a:> N CXl N w o it 111 " 0 Z 0:: 111 i m m.'.._ 2 U :J U - iii 0:: III 1.11 ~ I- III 0 Ul C H" ",' .~ ~ ~' ~ ~ III W ,5 '5 :0 Cl c<S Cl ~ I !: lU Ul S ~ 8 .5 .- .5 iil U U)~ mm.2!-mlE~~~ Ul c%5~a:O~~~& N(")VIl)COI'-a:>m C/) I- Z J W 0:: VCO(") I'-..;t....CO C'l o N o CXl t ai co N" 0) 0 10 N o 0;;1; v'" ro ",- COI'-<IO OCO<lO 1'- oNc<'i NNN J W 0:: u:.... It: a: a:I.ClVC'l(")+N+.... v v Il) ~ ;gvco t N ....10 Il) 8~~SU~;::!: co N_ V .... <10 I'- gi~~~'$;: mNOCONO tI.ClCO Ii"':c<'i co.... 3 Ul ...,. .... ,-, c: 1: f! ~ l ::l III m SU) i;j Ql CIl 0 a: a: I- 0 .... 1 i SI' , 0 z I II EXHIBIT "I" AUTHORIZATION OF AGENT W. SCOTT CALLAHAN, ESQUIRE THOMAS A. CLOUD, ESQUIRE AFFIDAVIT TO AUTHORIZE AGENT STATE OF FL~DA COUNTY OF I -Q/\J c..r r>5J Grand Venezia Clearwater, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That Grand Venezia Clearwater, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5. That the undersigned authority hereby certifies that the foregoing is true and correct. GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company SUNVEST RESORT COMMUNITIES, LC, a Florid limited liability company, as its ager ~ ATE OF FLO IDA _ COUNTY OF .' ;',' tit I ; The" foregoing instrument was acknowledged before me this ~ day of 1UJl/" ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT OMMUNITI S, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company, by who is perso lIy known to me or who has produced-- as identific ion, 1) o,,,-,, Notar/ Public State of Florida I("r,e M AI~ar(iZ Mv CommISSion OD213847 l;Aplres OEi!22/2007 EXHIBITCommissionExpires: 347022 v1 1 J!lE ill LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOI026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said p~operty, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOI026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 'feet to the Southeast corner of said property; thence NOI026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9 019' 48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 056' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc le~gth of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, f9r 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection .wi th a non-tangent line; thence SOO 0 27' 22 "E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S8703J'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U. S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. AFFIDAVIT TO AUTHORIZE AGENT STATE OF FLORIDA COUNTY OF ~ \::)"'-V'Oe. DC703, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That DC703, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5.That the undersigned authority hereby certifies that the foregoing is true and correct. DC703, LLC, a Florida limited liability com any By: STATE OF FLORIDA COUNTY OF ,"'\)"-\;D ,,",-eel:- The foregoing instrument was acknowledged before me this ...:Q~ of r-~" o~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limit lability company, who IS personally known to me or who has produced ~ation. ("""., f\;~ SignafiJre of Notary 1')1.P=i~- "~,_h~"'-..~~ Printed Name of Notary " Commission Expires: '\ 30-~ c::>m......~..! t<..... DEBORAH A. SMITH i '\ Notsry Publit - Stllte of Florida i' . i My Ccm~IUilJn EJpires SIp 30, 2005 ll~ CommiSSion' 00056559 c;rn~'" Elonooid ey N&lionBI Nolary Aun. oi;1P,lo~".. 1 i is EXHIBIT f347022v1 LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73. 79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence .N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. 2 NOTICE OF LOCAL PUBLIC HEARING City of Clearwater, Florida, City Council To Consider the Creation of the CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT DATE: TIME: LOCATION:Council Chambers of the City of Clearwater, Florida 112 S. Osceola Ave. Clearwater, Florida 33758 Notice is hereby given that a hearing will be held on the _ day of 2005, beginning at , or as soon thereafter as the matter may be heard in the Council Chambers, City of Clearwater, Florida City Hall, 112 S. Osceola Ave., Clearwater, Florida 33758 before the City Council, City of Clearwater, Florida Council"), to consider the elements of a petition filed by DC703, LLC, a Florida limited liability company ("Petitioner") to establish a uniform community development district to be known as the Clearwater Cay Club Community Development District ("District") as authorized and provided for in Chapter 190, Florida Statutes (2003). The District is a statutorily created single and special-purpose local government limited to providing basic systems, facilities and services to the property within its boundaries, subject to the City of Clearwater Comprehensive Plan and planning and land development regulations and conditions. The information presented at this hearing will be used to afford the Petitioner, any affected units of local government, and the general public, a fair and adequate opportunity to appear and present oral and written comments regarding the creation by ordinance of this community development district. The district would be created by a proposed ordinance the title of which is as follows: AN ORDINANCE ESTABLISHING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The proposed land area to be served by the District contains 40.339 acres more or less, is located wholly within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida ("City"). The proposed land area is generally located in the area east of US Htghway 19 and north of State Road 60. The boundaries of the properties to be serviced by the District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District which will be excluded from the jurisdiction of the District. The metes and bounds legal description is as follows: SEE EXHIBIT "A"] If adopted, the ordinance will establish a uniform community development district and designate the land to be serviced by the District. A community development district is a local government created by law and established by ordinance, on a proposed property subject to state and local regulatory requirements governing the lawful use and development of the property. Establishment of a uniform community development district pursuant to chapter 190, Florida Statutes, is not a development order under Chapter 380, Florida Statutes. All planning, permitting and other regulatory requirements pertaining to development within the land area will be in accordance with general and special law and applicable City ordinances; the processes herein set forth deal only with the factors to be considered in creating a uniform community development district by ordinance as an alternative for managing and financing certain basic services for community development, all pursuant to city permits. All persons appealing any decision of the Council made at the hearing referenced herein are hereby notified they may need to ensure that a verbatim record of the proceedings, including testimony and evidence, is made, upon which an appeal is to be based. In accordance with the Americans with Disabilities Act, persons who need special accommodations to attend the meeting should contact the City of Clearwater, Florida, City Clerk at (727) 562-4040 at least 24 hours in advance of the public hearing. Location Map: 2 364692 vI I .!i qli:Hi : ~ I 'I i.lir...jl~ .:H ~ll'ff.i= II i i~!HJli~llml! ; i!f:f~~~~HHii~i;m~i!~:dHi~ll!ii I ~IIJt'~:~illli:;~! ! ~%til'tlJ!f~rfi~tlii~ii~jll~::i!h:; J Jf ~ IiI.pll..I. ! 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Jo i~h si I~~ ;1. i!1 dn 5U i~~! mIM :d~ 11 i f l j:l~Hl'JllSi oJ ~ I ij - i Ij~ IL - - z 0 i= 11. a:u Ul w C C Z J: U w x: Ul 5 z u Ul C '"0 ~ ::> u ...J a: z uww ::; ~ i 11. 0 ()Ja: ~ jjSJ C i z o :;; g ~ ~ ffi u :> ~ c :! ~ jjS J i Ii J i~ E! till I 3 i I LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S890 19' 48 "E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South;. thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearirig S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve conCave to the North; 1 j E jl EXHIBIT fI thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040' 40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042,'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 20.9.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of i3022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet. to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence NOlo 26' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of.390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said' curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing SI9002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N0005l'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9440-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9440-21 on second reading, annexing certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, together with the right-of-way of Parkwood Street abutting Lots 4 and 5, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Ordinance No. 9440-21 ORDINANCE NO. 9440-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET, APPROXIMATELY 340 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1313 PARKWOOD STREET, CLEARWATER, FLORIDA 33755, TOGETHER WITH THE RIGHT-OF-WAY OF PARKWOOD STREET ABUTTING LOTS 4 AND 5, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, Block B, PINE RIDGE, according to the map or plat thereof, as recorded in Plat Book 28, Page(s) 98, of the Public Records of Pinellas County, Florida, together with: all Right-of-Way of Parkwood Street, abutting Lots 4 & 5, Block B, of said Pine Ridge. (ANX2021-01001) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9440-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VE R BR O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 1 2 3 7 13131 2 3 4 1235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Proposed Annexation Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N BETTY LN OVERLEA ST ROLLEN RD SANDY LN MARY L RD TERRACE RD HOLT AVE WOODBINE ST OVER B RO OK AVE SPRINGDALE ST ADMIRAL WOODSON LN BARBARA AVE FAIRMONT ST FAIRBURN AVE WESTON DR ST EVENSON'S DRPINEBROOK DR CLAIRE DR JADE AVE PINELAND DR RUSSELL ST PARKWOOD ST HEAVEN SENT LN PINEBROOK DR FAIRMONT ST WOODBINE ST PARKWOOD ST PARKWOOD ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/28/2021 Location Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) ROLLEN RD ROLLEN RD N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKWOOD ST CAROL DR CAROL DR CLAIRE DR CLAIRE DR O V ERB R O O K AVE O VERB R O O K AVE -Not to Scale--Not a Survey-Rev. 2/2/2021 Aerial Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VER B R O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 123 7131312 3 41235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Existing Surrounding Uses Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-01001 Logan D. Fox & Ashley B. Fox 1313 Parkwood Street View looking south at subject property, 1313 Parkwood Street. East of subject property West of subject property North of subject property, across Parkwood Street View looking easterly along Parkwood Street View looking westerly along Parkwood Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9441-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9441-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Ordinance No. 9441-21 ORDINANCE NO. 9441-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET, APPROXIMATELY 340 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1313 PARKWOOD STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, Block B, PINE RIDGE, according to the map or plat thereof, as recorded in Plat Book 28, Page(s) 98, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2021-01001) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9440-21. Ordinance No. 9441-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30RU RL RU RL RU RU RL RU RURL RL RU RL RU RL RL RL RU CG CG RL RU RU CG ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR OVE R B R O O K AVE 1300132513071305132913081317133413261322134012401341123213211314132813331240134013411612 132013241625 1710 1311130413091341130813011313132713171620 13121321132913051604 12411613 13051332133313301616 1344131213281239 132813251619 134013211238130913041236130413181316132013071314131713101231 1701132615011711 1530 1608 1 2 37 13131 2 3 4 1615 1235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Proposed Future Land Use Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N BETTY LN OVERLEA ST ROLLEN RD SANDY LN MARY L RD TERRACE RD HOLT AVE WOODBINE ST OVER B RO OK AVE SPRINGDALE ST ADMIRAL WOODSON LN BARBARA AVE FAIRMONT ST FAIRBURN AVE WESTON DR ST EVENSON'S DRPINEBROOK DR CLAIRE DR JADE AVE PINELAND DR RUSSELL ST PARKWOOD ST HEAVEN SENT LN PINEBROOK DR FAIRMONT ST WOODBINE ST PARKWOOD ST PARKWOOD ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/28/2021 Location Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) ROLLEN RD ROLLEN RD N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKWOOD ST CAROL DR CAROL DR CLAIRE DR CLAIRE DR O V ERB R O O K AVE O VERB R O O K AVE -Not to Scale--Not a Survey-Rev. 2/2/2021 Aerial Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VER B R O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 123 7131312 3 41235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Existing Surrounding Uses Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-01001 Logan D. Fox & Ashley B. Fox 1313 Parkwood Street View looking south at subject property, 1313 Parkwood Street. East of subject property West of subject property North of subject property, across Parkwood Street View looking easterly along Parkwood Street View looking westerly along Parkwood Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9442-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9442-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Ordinance No. 9442-21 ORDINANCE NO. 9442 -21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET, APPROXIMATELY 340 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1313 PARKWOOD STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9440-21. Property Zoning District Lot 5, Block B, PINE RIDGE, according to the map or plat thereof, as recorded in Plat Book 28, Page(s) 98, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2021-01001) Ordinance No. 9442-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30LMDR LMDRC C LMDR ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR 13001325130713051329130813171334132613221340124013411318132113141328133312401340134113161612 1320132013241625 130713141710 13111304130913411308131013011313132713171231 170113261620 1501 131213211530 1608 13291 2 3 7 1 2 3 4 13051604 12411613 1615 13051332133313301616 1344131213281239 132813251235 1619 134013211238130913041236130412321317171113131601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Proposed Zoning Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N BETTY LN OVERLEA ST ROLLEN RD SANDY LN MARY L RD TERRACE RD HOLT AVE WOODBINE ST OVER B RO OK AVE SPRINGDALE ST ADMIRAL WOODSON LN BARBARA AVE FAIRMONT ST FAIRBURN AVE WESTON DR ST EVENSON'S DRPINEBROOK DR CLAIRE DR JADE AVE PINELAND DR RUSSELL ST PARKWOOD ST HEAVEN SENT LN PINEBROOK DR FAIRMONT ST WOODBINE ST PARKWOOD ST PARKWOOD ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/28/2021 Location Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) ROLLEN RD ROLLEN RD N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKWOOD ST CAROL DR CAROL DR CLAIRE DR CLAIRE DR O V ERB R O O K AVE O VERB R O O K AVE -Not to Scale--Not a Survey-Rev. 2/2/2021 Aerial Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VER B R O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 123 7131312 3 41235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Existing Surrounding Uses Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-01001 Logan D. Fox & Ashley B. Fox 1313 Parkwood Street View looking south at subject property, 1313 Parkwood Street. East of subject property West of subject property North of subject property, across Parkwood Street View looking easterly along Parkwood Street View looking westerly along Parkwood Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9443-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9443-21 on second reading, annexing certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Ordinance No. 9443-21 ORDINANCE NO. 9443-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 150 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 2077 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 10, Block “B” BROOKLAWN, according to plat thereof recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; (ANX2021-02002) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9443-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 LOCATION MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN IDLEWILD DR WOODLAWN TER STATE ST PALM ST POINSETTA AVE ARBELIA ST THE MALL BERMUDA ST SEDEEVA CIR N ALPINE RD FREEDOM DR CHENANGO AVE N EVERGREEN AVE BARBARA AVE BYRAM DR COLES RD WILSON RD SEDEEVA CIR SN EVERGREEN AVEOAKDALE WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/5/2021 AERIAL PHOTOGRAPH Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN THE MALL THE MALL WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 2/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single & Multi- Family Residential ANX2021-02002 Lisa A. Berg 2077 PoinsettaAvenue View looking east at subject property 2077 Poinsetta Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9444-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9444-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Ordinance No. 9444-21 ORDINANCE NO. 9444-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 150 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 2077 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 10, Block “B” BROOKLAWN, according to plat thereof recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2021-02002) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9443-21. Ordinance No. 9444-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED FUTURE LAND USE MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1314 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 RU RM RU RU RU RU RU RU RU RMRU RU RU RU RU RU RU RU UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 129012841291128013001272130112832081 12951271126312821287132220251310 12831330-Not to Scale--Not a Survey-Rev. 2/5/2021 2077 LOCATION MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN IDLEWILD DR WOODLAWN TER STATE ST PALM ST POINSETTA AVE ARBELIA ST THE MALL BERMUDA ST SEDEEVA CIR N ALPINE RD FREEDOM DR CHENANGO AVE N EVERGREEN AVE BARBARA AVE BYRAM DR COLES RD WILSON RD SEDEEVA CIR SN EVERGREEN AVEOAKDALE WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/5/2021 AERIAL PHOTOGRAPH Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN THE MALL THE MALL WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 2/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single & Multi- Family Residential ANX2021-02002 Lisa A. Berg 2077 PoinsettaAvenue View looking east at subject property 2077 Poinsetta Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9445-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9445-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Ordinance No. 9445-21 ORDINANCE NO. 9445-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 150 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 2077 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9443-21. Property Zoning District Lot 10, Block “B” BROOKLAWN, according to plat thereof recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-02002) Ordinance No. 9445-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ZONING MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 1 14 15 16 192021222324 (25) 1 10 21 22 23 22 23 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 10 11 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY LMDR MDR12911284128013011290127213002081 128312711273202513101283 1295126013302020 2087 2081 126312771282128712621322LMDR -Not to Scale--Not a Survey-Rev. 2/5/2021 2077 LOCATION MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN IDLEWILD DR WOODLAWN TER STATE ST PALM ST POINSETTA AVE ARBELIA ST THE MALL BERMUDA ST SEDEEVA CIR N ALPINE RD FREEDOM DR CHENANGO AVE N EVERGREEN AVE BARBARA AVE BYRAM DR COLES RD WILSON RD SEDEEVA CIR SN EVERGREEN AVEOAKDALE WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/5/2021 AERIAL PHOTOGRAPH Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN THE MALL THE MALL WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 2/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single & Multi- Family Residential ANX2021-02002 Lisa A. Berg 2077 PoinsettaAvenue View looking east at subject property 2077 Poinsetta Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9460-21 2nd rdg Agenda Date: 5/6/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9460-21 on second reading, amending the Clearwater Code of Ordinances by replacing Division 3 of Article VI, Chapter 2, Purchasing, in its entirety with a revised Division 3 of Article VI, Chapter 2, Purchasing. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 1 ORDINANCE NO. 9460-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES BY REPLACING DIVISION 3 OF ARTICLE VI, CHAPTER 2, IN ITS ENTIRETY WITH A REVISED DIVISION 3 OF ARTICLE VI, CHAPTER 2; PROVIDING FOR DIVISION 3 PURCHASING; SUBDIVISION I. GENERALLY; SECTION 2.541 PURPOSE AND APPLICATION; SECTION 2.542 DEFINITIONS; SECTION 2.543 PUBLIC ACCESS TO PROCUREMENT INFORMATION; SECTIONS 2.544—2.547 RESERVED; SUBDIVISION II. PROCUREMENT ORGANIZATION; SECTION 2.551 PURCHASING AGENT; SECTION 2.552 ORGANIZATION OF PUBLIC PROCUREMENT; SECTION 2.553 PROCUREMENT PROCEDURES; SECTION 2.554 AUTHORITY FOR PURCHASES OF COMMODITIES, SERVICES, AND CONSTRUCTION; SUBDIVISION III. SOURCE SELECTION AND CONTRACT FORMATION; SECTION 2.561 METHODS OF SOURCE SELECTION; SECTION 2.562 DISQUALIFICATION, REJECTION, AND BID PROTEST; SECTION 2.563 EXCEPTIONS TO THE COMPETITIVE PROCESS; SECTION 2.564 SPECIFICATIONS PREPARATION; SECTION 2.565 AUTHORITY TO DEBAR OR SUSPEND; SECTION 2.566 INTEGRITY OF THE COMPETITIVE SOLICITATION PROCESS, NO-CONTACT PERIOD, PUBLIC RECORDS AND MEETINGS; SUBDIVISION IV. ETHICS IN PUBLIC PROCUREMENT; SECTION 2.571 STANDARDS OF CONDUCT; SECTIONS 2.601—2.608 RESERVED; AMENDING THE CODE OF ORDINANCES BY REPLACING DIVISION 4 OF ARTICLE VI, CHAPTER 2, IN ITS ENTIRETY WITH A REVISED DIVISION 4 OF ARTICLE VI, CHAPTER 2; PROVIDING FOR DIVISION 4 DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY; SECTION 2.621 DEFINITIONS; SECTION 2.622 SURPLUS SALES OFFICER; SECTION 2.623 DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY; SECTION 2.624 RESERVED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Division 3 of Article VI, Chapter 2 governs the purchasing procedures for the acquisition of commodities, services, and construction, and the expenditure of those funds. WHEREAS, Division 4 of Article VI, Chapter 2 governs the disposal and disposition of surplus personal property. WHEREAS, these Divisions have not been updated, revised, or amended since 2006. 2 WHEREAS, this Ordinance is necessary to simply, clarify, modernize, and better organize the City’s procurement and surplus code. WHEREAS, this Ordinance replaces and revises both Divisions. WHEREAS, the City Council determines that the adoption of this Ordinance to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Division 3 of Article VI, Chapter 2, Code of Ordinances, is amended as follows: DIVISION 3. PURCHASING Subdivision I. Generally. Sec. 2.541. Purpose and application. (1) Purpose. The purpose of this division is as follows: (a) To simplify, clarify, and modernize procurement by the city. (b) To permit the continued development of procurement policies and practices. (c) To provide for increased public confidence in the procedures followed in public procurement. (d) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the city. (e) To provide increased economy in the city’s procurement activities and maximize the purchasing value of public funds of the city. (f) To obtain in a cost effective and responsible manner the commodities, services, and construction required by the city to better serve this city’s businesses and residents. (2) Application. This division shall apply to every expenditure of public funds, irrespective of their source, by the city for the procurement of commodities, services, and construction. It shall apply to the disposal and disposition of the city’s tangible personal property. Nothing in this division shall prevent the city from complying with the terms of any grant, gift, bequest, or cooperative agreement. 3 Sec. 2.542. Definitions. Terms not defined in this section shall have the meaning customarily assigned to them. Otherwise, the following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business means any individual, consultant, contractor, firm, sole proprietorship, partnership, corporation, joint stock company, joint venture, or any other private legal entity. Commodity means any of the various supplies, materials, goods, merchandise, equipment, and other personal property purchased, leased, or otherwise contracted for by the city, unless included within the definition of construction or construction contracts. This term includes leases (as lessee) of structures on real property. Construction means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property. Construction management at risk means a construction project delivery method involving the commitment by the construction manager at risk to deliver the project within a guaranteed maximum price (GMP). The construction management firm will provide professional services and act as a consultant in the design and construction phases. The construction management firm may provide some of the actual construction of the project depending on the availability of bidders and expertise of the firm. In addition to acting in the best interest of the city, the construction management firm must manage and control construction costs to not exceed the GMP. Any costs exceeding the GMP, including approved change orders, will be the financial responsibility of the construction management firm. A contingency for bid overages, reasonably inferred items, and other project related items that may arise during construction will be included in the GMP. The construction management firm will assume the risk of bidding. Contract means all types of city agreements, regardless of what they may be called, for the procurement of commodities, services, or construction. Design-build means a construction project delivery method or approach involving a single contract for both the design and construction of a project. Upon approval of the city council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation, or maintenance of the project over the contractually defined period of time. 4 Designee means a duly authorized representative of a person holding a superior position. Lowest responsive and responsible bid means the lowest bid or quotation received that best responds in quality, fitness, and capacity to the requirements of the proposed work or usage, as specified, from a vendor deemed responsive and responsible to the invitation to bid or solicitation for a quotation who has offered the most advantageous pricing or cost benefit and representing the best value to the city, based on the criteria stipulated in the bid documents. In determining the lowest responsive and responsible bid, the following shall be considered in addition to price: (1) The quality of commodities, services, or construction offered. (2) The ability, capacity, and skill of the vendor to perform the contract or provide the commodities, services, or construction required. (3) Whether the vendor can perform the contract or provide the commodities, services, or construction promptly, or within the time specified, without delay or interference. (4) The sufficiency of the vendor’s financial resources and the effect thereof on the vendor’s ability to perform the contract or provide the commodities, services, or construction. (5) The character, integrity, reputation, judgment, experience, and efficiency of the vendor. (6) The quality of vendor’s performance on previous orders or contracts for the city. (7) Litigation by the vendor on previous orders or contracts with the city or with other public entities. (8) Compliance by the vendor with federal, state, and local laws and ordinances relating to the purchase or contract. (9) The ability of the vendor to provide future maintenance and service where such maintenance and service is essential. (10) Internal cost of vendor’s proposal, including any additional expenditure required by the city to complete the project or purchase. (11) Life cycle costs, including costs of purchase, maintenance, and disposal, less residual value over the expected life of the product. Micro purchase means the purchase of commodities or services with a value of two thousand five hundred dollars ($2,500.00) or less. Procurement means all activities related to the acquisition of any commodity, service, or construction, including, but not limited to, description of requirements, selection and identification of sources, preparation and award of contract, and all phases of contract administration. 5 Purchase means buying, renting, leasing, or otherwise acquiring any commodity, service, or construction. This term includes a lease. Purchase description means the words used in a solicitation to describe the commodities, services, or construction to be purchased, and includes specifications attached to or made a part of the solicitation. Purchasing agent means the city manager or any employee of the city to whom the city manager has delegated some of the duties of the office. Responsible bidder or offeror means vendor who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance. Responsive bidder or offeror means vendor that has submitted a bid, proposal, quotation, or response that conforms in all material respects to the solicitation. Request for proposal (RFP) means a solicitation utilized to obtain proposals from potential vendors. Request for qualification (RFQ) means a solicitation utilized to obtain the qualifications of potential vendors. Service means the furnishing of labor, time, or effort by a vendor. This term shall not include employment agreements or collective bargaining agreements. Signature means a manual signature or an electronic signature that meets the requirements of the Electronic Signature Act of 1996, F.S. § 668.001-6. Small purchase means the purchase of commodities or services with a value of more than two thousand five hundred dollars ($2,500.00) but less than or equal to fifty thousand dollars ($50,000.00). Solicitation means invitations to bid, requests for proposals, requests for qualifications, and requests for quotations. The term also includes re-advertising for bids, proposals, qualifications, and quotations. Specification means a detailed description of the physical or functional characteristics of a commodity, service, or construction item. It may include a description of any requirement for inspecting, testing, preparing, or delivering a commodity, service, or construction item. Vendor means any person or business who submits a bid, proposal, quotation, or response to the city for the sale of a commodity, service, or construction. 6 Sec. 2.543. Public access to procurement information. Procurement information shall be a public record to the extent provided in F.S. Ch. 119 and shall be available to the public as provided in such statutes. Sec. 2.544—2.547. Reserved. Subdivision II. Procurement Organization. Sec. 2.551. Purchasing agent. The city manager is the purchasing agent for the city, with ultimate responsibility for all procurement, purchasing, and contracting functions. The city manager may delegate some or all purchasing authority, except the authority to make the final decision regarding administrative actions such as bid protests, to any city employee. The city manager shall have the authority to do as follows: (1) Serve as the chief procurement officer of the city. (2) Adopt operational procedures governing the internal function of the procurement division. (3) Purchase or contract for the purchase of commodities, services, or construction for the city. (4) Negotiate and recommend execution of contracts for the purchase of commodities, services, or construction. (5) Act to procure for the city the needed quality in commodities, services, or construction at best value. (6) Discourage uniform bidding and encourage full and open competition on all purchases. (7) Prepare revisions and amendments to the purchasing ordinances set forth herein, as necessary, and recommend such revisions and amendments to the city council. (8) Adopt policies and procedures governing the procurement, management, and control of commodities, services, and construction procured by the city. (9) Keep informed of current developments in the field of procurement, purchasing, prices, market conditions and new processes. 7 (10) Prescribe and maintain such forms as may be reasonably necessary to the operation of the procurement division and other rules and regulations. (11) Establish and maintain programs for the inspection, testing, and acceptance of commodities, services, and construction purchased to ensure conformance with specifications. (12) Transfer surplus tangible personal property between city departments or facilities as needed. (13) Sell, trade, or otherwise dispose of surplus tangible personal property which has become unnecessary or unfit for the city’s use. (14) Ensure compliance with this code and other policies and procedures by reviewing and monitoring procurements conducted by any designee, department, or city employee. Sec. 2.552. Organization of public procurement. (1) Centralization of procurement authority. Except as otherwise provided in this division, all rights, duties, and authority relating to the procurement, management, and control of commodities, services, and construction, and the disposal and disposition of surplus tangible personal property now vested in or exercised by the city are hereby transferred to the city manager as purchasing agent. (2) Authority to contract for legal services. No contract for the services of legal counsel may be awarded without the approval of the city attorney. Sec. 2.553. Procurement procedures. (1) Procedures. Procedures shall be promulgated in accordance with the applicable provisions of this code and other applicable laws, rules, regulations, and policies. (2) Submittal of requests to purchase commodities or services. Departments shall submit electronically requests to purchase commodities or services to the purchasing agent according to procedures prescribed by the purchasing agent. (3) Vendors list. The purchasing agent is authorized to maintain a vendor registration resource for the purpose of providing notices inviting bids or soliciting quotations. A vendor who desires to be included on the vendors list shall complete the applicable procedure prescribed by the purchasing agent. An additional list of “Pre-Qualified Contractors” may be maintained by the engineering department. Contractors desiring to be included on that list shall complete the applicable procedure prescribed by the engineering department. Inclusion on the vendors list or the Pre-Qualified Contractors list is solely for convenience. Inclusion does 8 not guarantee the award of any contract or purchase order nor are vendors and contractors not included excluded from participation in the procurement process. Sec. 2.554. Authority for purchases of commodities, services, and construction. (1) Generally. (a) All contracts or other documents related to the procurement of commodities, services, construction, or the obligation of city funds, shall be facilitated by or through the procurement division. The procurement division is authorized to establish procedures governing the processing of all contracts. (b) Purchases of commodities, services, construction, or the obligation of city funds, where the cumulative total value per fiscal year exceeds one hundred thousand dollars ($100,000.00) per vendor, for similar commodities or services, shall be approved by the city council prior to the signing of any contract or other related documents. (c) Signature authority for all contracts or other documents specified in section 2.554(1)(b) shall be designated by the city council. Signature authority for the purchase of commodities, services, or construction where the cumulative total value per fiscal year is one hundred thousand dollars ($100,000.00) or less is delegated to the city manager, as purchasing agent, or designee. (d) As set forth herein, the city council delegates limited authority to the city manager and department directors relating to the purchase of commodities, services, or construction for the city, in compliance with federal and state laws, city code, administrative rules, procedures, and guidelines. (e) All purchases, unless specifically authorized or delegated under this code, must be approved in advance by the city council. No person, unless specifically authorized or delegated under this code, may make any purchase or enter into any contract involving the use of city funds. Payment for any unauthorized purchase may be the responsibility of the person placing the order. (f) Multi-year contracts are encouraged when it is determined to be advantageous to the city. All multi-year contracts must contain a provision that allows the city to terminate the obligation with thirty (30) days’ advance notice based on a limitation of funding availability, unless otherwise determined by the purchasing agent to be in the city’s best interest. (2) Purchasing agent. Authority is delegated to the city manager, as purchasing agent, or designee as follows: 9 (a) The purchasing agent shall be responsible for the procurement of commodities, services, or construction for the city. All purchases shall comply with this code, applicable laws, rules, regulations, and policies. (b) The purchasing agent may approve or reject the procurement of commodities, services, or construction when the total amount does not exceed one hundred thousand dollars ($100,000.00) per vendor per fiscal year. The purchase of commodities, services, or construction exceeding one hundred thousand dollars ($100,000.00) shall be approved by the city council. (c) The purchasing agent shall have the authority to reject any or all bids, proposals, quotations, or responses to any competitive solicitation and re- compete or purchase the required commodities, services, or construction in any manner authorized by this division. (d) In the absence or non-availability of the city manager, the deputy city manager, assistant city manager, or procurement manager shall be the city manager’s designee. (3) Procurement manager. Authority is delegated to the procurement manager as follows: (a) Determine the appropriate and most cost-effective purchasing method of contract procurement, competitive solicitations, direct negotiations, or methods that allow the city to take advantage of value discounts and special pricing agreements, where appropriate. (b) Retain responsibility for conducting the sourcing process to ensure an objective effort to identify sufficient competition or determine if there is no competition. (c) Approve the evaluation criteria for procuring commodities, services, and construction, including any preference required or allowable by law or this code. (d) Oversee and facilitate the competitive solicitation process in collaboration with the end user to create the competitive solicitation document; approve the specifications, terms, and conditions; select members of the evaluation committee; and receive, open, tabulate, and evaluate solicitations in accordance with the provisions of this code. (e) Receive and process notices of protest and formal written protests for the purpose of determining whether the notices or written protests are timely and have timely and properly posted bond; and dismiss any invalid bid protests as determined by the legal department. 10 (f) Approve and issue purchase orders for purchases made in accordance with this code. (g) Oversee negotiations with vendors when appropriate. (h) Establish a process by which vendors are determined to be responsive to the solicitation process and responsible with respect to their capability to perform the required work. (i) Oversee the purchasing card (P-Card) program. (j) Monitor delegated authority compliance. (4) Department directors. Department directors may issue and approve direct disbursements, utilize purchasing cards, or purchase commodities and services up to two thousand five hundred dollars ($2,500.00) per purchase. Department directors may not divide the approval of the purchases of commodities or services to avoid this delegated monetary threshold. (5) Construction contracts. Contracts for construction projects exceeding one hundred thousand dollars ($100,000.00) shall be awarded by the city council to the lowest responsive and responsible bidder. Contracts for construction projects of one hundred thousand dollars ($100,000.00) or less shall be awarded by the city manager. (6) Change orders. Following the award of a contract by the city council, the city manager may approve and execute written change orders without city council approval, subject to the following: (a) The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). (b) The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. (c) No contract price increase shall be approved unless sufficient funds are available for such purpose. (d) Contract price decreases may be approved without limitation. (e) The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. 11 Subdivision III. Source Selection and Contract Formation. Sec. 2.561. Methods of source selection. (1) Methods of source selection. Unless otherwise authorized by law, all city contracts shall be procured by one of the following methods: (a) Competitive sealed bidding (b) Competitive sealed proposals (c) Request for qualifications (d) Small purchases (e) Professional services subject to CCNA (f) Construction management at risk and design-build contracts (g) Invitation to negotiate (h) Job order contracting (i) Reverse auctions (j) Exceptions pursuant to section 2.563 (2) Competitive sealed bidding. Except as otherwise provided in this division, the purchase of commodities, services, or construction of an estimated value over fifty thousand dollars ($50,000.00) shall be by written contract with the vendor submitting the lowest responsive and responsible bid whose bid has been solicited, received, and approved pursuant to the following procedures: (a) Invitation to bid (ITB). An invitation to bid shall be requested from three (3) or more vendors for commodities, services, or construction when the estimated value exceeds $50,000.00. Award through this process is based solely on bids received and is not subject to negotiation following bid opening. The contract may not be divided to avoid this monetary threshold. An invitation to bid must include a purchase description of the commodities, services, or construction sought; the time and date for the receipt of bids and the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability of the bid. If the city contemplates renewal of the contract, that fact must be stated in the ITB. In the alternative, the city council or designee may award to the responsive, responsible bidder offering the lowest cost as the primary awardee and the next responsive, responsible bidder offering the next lowest 12 cost as an alternate awardee(s), meeting all specifications, terms, and conditions. Nothing herein is meant to prevent multiple awards to the responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents. In the case of identical responsive and responsible bids, the decision as to the winning bid(s) must be made in accordance with the terms contained in the competitive solicitation. (b) Notice inviting bids. Notice for an invitation to bid shall be published at least twenty-one (21) days prior to the bid opening date. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (c) Notice inviting bids for construction projects. Construction projects with an estimated cost of five hundred thousand dollars ($500,000.00) or less shall be published at least twenty-one (21) days prior to the established opening date and at least five (5) days prior to any scheduled pre-bid conference. Construction projects exceeding five hundred thousand dollars ($500,000.00) shall be published at least thirty (30) days prior to the established opening date and at least five (5) days prior to any scheduled pre-bid conference. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (d) Security (bid bonds). When the estimated cost of a construction contract is one hundred fifty thousand dollars ($150,000.00) or higher, or when otherwise deemed necessary by the city manager, security in the form of a bid bond issued by a surety company licensed to do business in Florida or a cash bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. A vendor shall forfeit a bid security upon a refusal or failure to execute the contract within ten days after the notice of award of contract has been posted on the city’s website unless the city is solely responsible for the delay in executing the contract. The city council may, upon the refusal or failure of the vendor to execute the contract, award the contract to the next lowest vendor. In such event, the amount of the forfeited security shall be applied by the city to the contract price differential between the lowest bid and second lowest bid, and the surplus, if any, shall be returned to the forfeiting vendor. (e) Performance and payment bonds. A performance bond and a payment bond, or a “contract bond” combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering in a contract, in an amount at least equal to the contract price or such higher amount as may be found necessary to protect the best interests of the city except in limited circumstances, such as incremental services contracts or blanket purchase orders, where it has been determined by the city manager that the potential liability resulting from the performance or payment under the contract is an amount less than the full 13 contract price. The city manager shall approve the requirement of a bond for less than the full contract price before proceeding with the bid process. If such bond is required, the form and amount of the bond shall be described in the notice inviting bids. Bonds required hereunder shall be subject to all other provision of this division and code. (f) Security in lieu of performance and payment bonds. In lieu of the bond required by this section, a vendor may file with the city, an alternative form of security in the form of cash, money order, certified check, cashier’s check, irrevocable letter of credit, or a security of a type listed in F.S. Ch. 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required herein. The determination of the value of the alternative form of security shall be made by the purchasing agent or designee. (g) Bid opening procedures. Sealed written bids shall be returned to the city and identified as bids on the envelope, together with other information as may be specified in the invitation to bid. Bids shall be opened publicly, in the presence of one or more witnesses, on the time and at the time and place stated in the public notices. A tabulation of all bids received, including the amount of each bid, the name of each bidder, and such other relevant information as may be specified, shall made available to the public as required by law. (3) Competitive sealed proposals. Except as otherwise provided in this division, the purchase of commodities or services of an estimated value over fifty thousand dollars ($50,000.00) shall be written contract with the vendor submitting the lowest responsive and responsible proposal whose proposal has been solicited, received, and approved pursuant to the following procedures: (a) Request for proposals (RFP). Request for proposals shall be requested from three (3) or more vendors for commodities or services when the estimated value exceeds $50,000.00. The purchase may not be divided to avoid this monetary threshold. A best value decision may result from this process where price is not the sole determinant for award. To procure commodities or services through an RFP, the procurement division must first determine that the use of an ITB is not practicable. The RFP must include a purchase description of commodities or services sought; the relative importance of price and other evaluation criteria; the time and date for the receipt of proposals and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining responsiveness and acceptability of the proposal. In awarding to a vendor pursuant to an RFP, the city council or designee may award to one or more responsive, responsible vendor in accordance with the selection criteria published in the RFP. 14 (b) Notice of proposals. Projects with an estimated cost of five hundred thousand dollars ($500,000.00) or less shall be published at least twenty-one (21) days prior to the established opening date. Projects exceeding five hundred thousand dollars ($500,000.00) shall be published at least thirty (30) days prior to the established opening date. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (c) Receipt of proposals. A register of proposals shall be prepared and shall be open for public inspection as required by law. (d) Evaluation factors. The RFP shall state the relative importance of price and other factors and subfactors, if any. (e) Discussions with responsible offerors and revisions to proposals. As provided in the RFP, discussions may be conducted with responsible offerors, who submitted proposals reasonably determined to be selected for award, to clarify and assure the full understanding and responsiveness to the RFP requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. When conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. (f) Award. Award shall be made to the responsible offeror whose proposal conforms to the RFP and is determined in writing to be the most advantageous to the city taking into consideration best value and the evaluation factors set forth in the RFP. No other factors or criteria shall be used in the evaluation. Written notice of the award of a contract to the successful offeror shall be promptly given to all offerors. (4) Request for qualifications (RFQ). An RFQ is a qualifications-based selection process. Pursuant to F.S. § 287.055, an RFQ is required for the selection of professional services involving architecture, professional engineering, landscape architecture, or registered surveying and mapping. An RFQ may be issued to establish a roster of responsive and responsible firms utilized on an as-needed basis. Projects utilizing an RFQ shall follow the same procedures as set forth in section 2.561(3). (5) Small purchases. Purchases of commodities or services with a value of more than $2,500.00 but less than or equal to $50,000.000 require competition. Purchases may not be divided to avoid this monetary threshold. Small purchases will follow the following procedures: 15 (a) Quotations. Quotations shall be obtained from at least three (3) vendors. Small purchases shall be awarded to the lowest responsive and responsible vendor whose quotation provides best value to the city. (b) Notice inviting quotations. Quotations shall be solicited either by written request or orally. Acceptable means include but are not limited to facsimile transmissions, electronic mail, telephone, in person, internet, or through an approved electronic procurement or supplier relationship management system. (c) Sealed written quotations. In the event the procurement manager determines that sealed written quotations are in the best interest of the city, quotations received shall be opened in public at the time and place designated in the notice inviting quotations. (d) Award of contract. Except as otherwise provided in this subdivision, each contract shall be awarded to the lowest responsible and responsive vendor. (6) Professional services subject to CCNA. Professional services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping shall be procured in accordance with F.S. § 287.055, referred to as the Consultants’ Competitive Negotiation Act (CCNA). (a) Public announcement. The public notice must include a general description of the project and must indicate how the interested firms may apply for consideration. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (b) Competitive selection. The city shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the city shall consider such factors as the ability of professional personnel; past performance; experience; capabilities; whether a firm is a certified minority business enterprise; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the city. The city may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. If less than three firms respond to the solicitation, and every effort was made to comply with the requirements of F.S. § 287.055, the city may proceed with the evaluation process. (c) Competitive negotiations. The city shall negotiate a contract with the most qualified firm for professional services at compensation which the city determines is fair, competitive, and reasonable. In making such determination, the city shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and 16 complexity. Should the city be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the city determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The city shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the city must terminate negotiations. The city shall then undertake negotiations with the third most qualified firm. Should the city be unable to negotiate a satisfactory contract with any of the selected firms, the city shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. The city shall require the firm receiving the award to execute a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the city determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. (d) Continuing contract. Nothing in this section shall prohibit a continuing contract, as defined in F.S. § 287.055, between a firm and the city. The city may issue an RFQ to establish a roster of responsive and responsible firms utilized on an as-needed basis, pursuant to F.S. § 287.055. (7) Construction management at risk and design-build contracts. Construction management and design-build services, as defined in F.S. § 255.103 and § 287.055, respectively, shall be procured pursuant to the process defined in the CCNA, unless the purchasing agent or designee elects to bid construction management at risk and design-build contracts through an invitation to bid or request for proposal process, as provided in F.S. § 255.20(1), where price is considered in the award process. Contracts for construction management and design-build services shall follow the same procedures as set forth in section 2.561(6). (8) Invitation to negotiate (ITN). When procurement for commodities or services is not practicable through an ITB or an RFP, competitive sealed replies may be solicited through an ITN. The procurement division must first determine, in writing, why negotiation with one or more vendors may be necessary for the city to achieve specific goals or solve a particular problem and receive best value. Objective factors may include but are not limited to price, quality, design, and workmanship. The ITN must include a purchase description of the commodities or services sought, the time and date for the receipt of replies and of the public 17 meeting, including the criteria to be used in determining the acceptability of the reply. Typically, price is not an evaluation criterion and is not addressed until the negotiation phase of the procurement. Projects utilizing an ITN shall follow the same notice procedures as set forth in section 2.561(3). (9) Job order contracting (JOC). Job order contracting is a project delivery method utilized to get numerous, commonly encountered construction projects done quickly and easily through multi-year contracts for a wide variety of renovation, repair, and minor construction projects. A job order contract is a competitively bid, fixed price, multi-year construction contract based on established or published unit prices from a unit price book or a price list with a multiplier applied to the unit prices. The unit prices are used to price construction tasks associated with the scope of work. The contract is an IDIQ (indefinite delivery indefinite quantity) contract for on-call construction services and serves as an umbrella contract with a potential maximum amount of work over a specified term such as annual or multi-year term. JOC is an appropriate delivery method for any type of repetitive work, especially small renovation jobs. It allows for a longer relationship with the selected vendor. Projects may include, but not be limited to, electrical, mechanical, plumbing, painting, roofing, landscape improvements, data communication, audio visual, signing, flooring, etc. Firms shall be selected through one of the source selection methods as authorized in sections 2.561(2)- (4). (10) Reverse auctions. Reverse auction is a procurement method wherein bidders are invited to bid on specified commodities or services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders shall only be informed as to whether the bid is in the lead, meaning the lowest priced, or whether the bid is lagging. If a bid is lagging, the bidder is provided a good faith opportunity to modify the bid prices for the duration of the bidding period established at bid opening. Reverse auctions will not be used for construction. Sec. 2.562. Disqualification, rejection, and bid protest. (1) Disqualification of bids. Any bid, proposal, quotation, or vendor response to a competitive solicitation may be disqualified and rejected if it is determined by the purchasing agent or designee that any of the following circumstances exist: (a) The bid, proposal, quotation, or vendor response did not strictly conform to the requirements set forth in the solicitation, provided, however, the city reserves the right to waive inconsequential deviations where a change does not result in an increase in price to the city. (b) A vendor has demonstrated, through documented performance in the industry or through prior dealings with the city, to be unable to satisfactorily meet the responsibilities and capabilities of a successful vendor. 18 (c) A vendor’s product has demonstrated, through documented performance in the industry or through prior dealings with the city, to be unable to satisfactorily meet the accepted demands placed upon the product. (d) A vendor’s product is different from the city’s standard. (2) Rejection of bids. The purchasing agent may: (a) Reject any or all bids, proposals, quotations, or vendor responses to a competitive solicitation; or (b) Reject all bids, proposals, quotations, or vendor responses, and re-advertise the solicitation, pursuant to the procedures prescribed in this division; or (c) Reject all bids, proposals, quotations, or vendor responses, and direct that the project or service in question be performed by city forces upon determining that the project or service can be timely performed for an amount less than each of the solicitations submitted. (3) Bid protest. A vendor who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the procurement division. A protesting vendor must include a fee of one percent (1%) of the amount of the bid or proposed contract to offset the city’s additional expenses related to the protest. This fee shall not exceed five thousand dollars ($5,000.00) nor be less than fifty dollars ($50.00). Full refund will be provided should the protest be upheld. No partial refunds will be made. Sec. 2.563. Exceptions to the competitive process. (1) The competitive bidding requirements set forth in this division may be waived when one of the following conditions exist: (a) Single source. Commodities or services are available only from a single source. (b) Micro purchases. Purchases of commodities or services with a value of $2,500.00 or less do not require competition. i) Departments will attempt to obtain the lowest price available, consistent with time and effort involved. ii) Whenever possible, the purchase shall be made using a purchasing card or direct disbursement. 19 iii) If necessary, a purchase order for a micro purchase may be requested through the procurement division. (c) Piggyback or cooperative purchasing. Purchases of commodities or services at or below the specified prices from contracts previously awarded by other governmental entities or to purchase commodities or services in cooperation with another governmental entities in Florida. (d) Non-competitive purchases. The purchasing agent or designee determines that the nature of the commodity or service is such that competitive bidding is impossible, impractical, or cannot be obtained. (e) CCNA professional services contracts. Professional service contracts for projects with an estimated cost less than the threshold amounts as set forth in F.S. § 287.055. (f) Professional services not subject to CCNA. Services for or rendered by medical, health, legal, appraisals, mediators, auditors, academics, artists, and lecturers, or services provided by persons with disabilities under not-for-profit corporations. (g) Legal. Commodities or services purchased by the city or its representatives when necessary to the prosecution or defense of any claim or lawsuit in which the city is a party or in which it is anticipated by the city attorney, the risk manager, or the third-party administrator of the city’s self-insurance program that the city will become a party. (h) Workers’ compensation. Commodities or services purchased by the city or its representatives to comply with F.S. Ch. 440, Florida Workers’ Compensation, or when necessary to the defense of any workers compensation claim asserted against the city. (i) Insurance. Contracts for insurance, except when competitive bidding is required by statute. (j) Owner direct purchases (ODP). Purchase of construction materials included in the scope of an awarded construction contract to realize sales tax savings, pursuant to F.S. § 212.08(6). (k) Emergencies. The purchasing agent may authorize an emergency purchase of any commodity, service, or construction without competitive bidding. Procurement requirements may be suspended upon declaration of emergency by the city manager, or upon written certification by a department director to the purchasing agent that a threat exists to the public health, welfare, safety, or other interests of the city and that any delay because of competitive bidding would be detrimental to the interests of the city. 20 Emergency procurements exceeding one hundred thousand dollars ($100,000.00) must be ratified by the city council at the next regular or special public meeting. (l) Copyrighted materials. Purchases for copyrighted materials including, but not limited to, computer software, films, filmstrips, videotapes, dvds, recordings, reference books, or similar items when such materials are procured directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, governmental agency, or recognized educational institution. (m)Regulated utilities. Procurement of regulated utilities or government-franchise services. (n) Resale commodities or services. Commodities or services purchased for resale are excluded from the competitive bidding provisions of this division. The market survey or competitive price comparison approach will be used to determine best value. Award of contract for resale commodities or services shall be made by the department director with procurement manager approval. City council approval is not required. (2) Competition is favored even though this section may allow an exemption. Such exemptions shall be submitted as a formal request from the requesting department director and include a detailed justification for the exemption. The purchasing division may establish procedures that support the competitive process regardless of the exemption status. (3) Purchases over one hundred thousand dollars ($100,000.00) made pursuant to this section shall be submitted to the city council for approval. Sec. 2.564. Specifications preparations. (1) Specifications preparations. Standards shall be established for the preparation, maintenance, and content of specifications for commodities, services, and construction for the city. The purchasing agent or designee shall monitor the use of specifications for commodities, services, and construction for the city. (2) Maximum practicable competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the city’s needs and shall not be unduly restrictive. (3) Specifications prepared by those other than city personnel. The requirements of this section regarding the purposes and non-restrictiveness of specifications shall apply to all specifications prepared by those other than city personnel, including, but not limited to, those prepared by architects, engineers, and designers. 21 Sec. 2.565. Authority to debar or suspend. (1) Debarment or suspension. After reasonable notice to the vendor involved and reasonable opportunity for that vendor to be heard, the purchasing agent is authorized to debar or suspend a vendor for cause from further consideration for award of contracts with the city. The debarment or suspension shall not be for a period of more than three (3) years. (2) The causes for debarment or suspension include one of the following: (a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. (b) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects responsibility as a city vendor. (c) Conviction under state or federal anti-trust statutes arising out of the submission of bids or proposals. (d) Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing agent to be so serious as to justify debarment action: (i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; and (ii) Recent failure to perform or unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the vendor shall not be considered to be a basis for debarment. (e) Any other cause the purchasing agent determines to be so serious and compelling as to affect responsibility as a city vendor, including debarment or suspension by another governmental entity for any cause listed in this section. Sec. 2.566. Integrity of the competitive solicitation process; no-contact period; public records and meetings. (1) From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city 22 employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No- Contact Period may include suspension or debarment. (2) Pursuant to F.S. § 119.071(1)(b), sealed bids, proposals, or replies received in response to a competitive solicitation are exempt from F.S. § 119.07(1) and § 24(a), Article I of the State Constitution until such time as the city provides notice of an intended decision or until thirty (30) days after opening of the bids, proposals, or replies, whichever is earlier. If the city rejects all bids, proposals, or replies submitted in response to a competitive solicitation and provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt until such time as the city provides notice of an intended decision concerning the reissued competitive solicitation or until the city withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial city notice rejecting all bids, proposals, or replies. (3) Pursuant to F.S. § 286.0113, any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from F.S. § 286.011 and § 24(b), Article I of the State Constitution. Any portion of an evaluation committee meeting at which negotiation strategies are discussed is exempt from F.S. § 286.011 and § 24(b), Article I of the State Constitution. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meetings may be held off the record. Subdivision IV. Ethics in Public Procurement. Sec. 2.571. Standards of conduct. (1) Code of ethics. The city is committed to a procurement process which promotes fair and open competition, implements the highest ethical standards, and maintains the confidence of the public. To achieve these objectives, all city officers and city employees who purchase commodities, services, construction, or otherwise involved in the procurement process for the city, shall be subject to the following: (a) Regard public service as a trust and support the professional principles of public procurement. 23 (b) Be governed by the highest ideals of honor and integrity in all public and personal relationships to merit the respect and inspire the confidence of the city and the public being served. (c) Conduct procurements in good faith and demand honesty and ethical practices from all participants in the procurement process. (d) Avoid unfair practices by granting all vendors equal consideration insofar as federal, state, and local laws require. (e) Promote positive vendor relationships by affording vendor representatives courteous, fair, and ethical treatment. (f) Avoid involvement in any transaction or activity considered to be a conflict between personal interest and the interests of the city. (g) Strive to continually increase competition in vendor selection and endeavor to prevent any collusion among vendors. (h) Avoid political considerations or other conflicting outside influences from entering relationships with vendors or their representatives. (2) Conflict of interest. It shall be a breach of ethical standards for any city officer or city employee to participate directly or indirectly in a procurement as follows: (a) The officer or employee, or any member of their immediate family, has a financial interest pertaining to the procurement; or (b) The officer or employee, or any member of their immediate family, holds employment or contractual relationship with any business entity that has a financial interest pertaining to the procurement; or (c) The officer or employee, or any member of their immediate family, is negotiating or has an arrangement concerning prospective employment with any vendor that is involved in the procurement. (3) Discovery of actual or potential conflict of interest and disqualification. Upon discovery of an actual or potential conflict of interest, an employee shall promptly file a written statement of disqualification and shall withdraw from further participation in the procurement involved. Sec. 2.601—2.608. Reserved. Subdivision I. - Generally Sec. 2.541. - Definitions. 24 Terms not defined in this section shall have the meaning customarily assigned to them. Otherwise, the following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Commodity means any of the various supplies, materials, goods, merchandise, equipment, and other personal property purchased, leased or otherwise contracted for by the city, unless coming within the definition of Public works contracts. However, commodities purchased for resale are excluded from the bidding provisions of this division. Award of contract for resale commodities shall be made by the responsible department director. Design-build means a construction project delivery method or approach involving a single contract for both the design and construction of a project. Upon approval of council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation and/or maintenance of the project over the contractually defined period of time. Design-build contract means a single contract with a design-build firm for, at a minimum, the design and construction of a public construction project. Design-build firm means a partnership, corporation, or other legal entity which: (1) Is certified under section F.S. § 489.119, to engage in contracting through a certified or registered building contractor as the qualifying agent; and (2) Is certified under F.S. § 471.023, to practice engineering; certified under F.S. § 481.219, to practice or to offer to practice architecture; or certified under F.S. § 481.319, to practice or to offer to practice landscape architecture. Design criteria package or the design requirements shall mean concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or response to a request for proposal, or to permit the city to enter into a negotiated design-build contract. The design criteria package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site; survey information concerning the site; interior space requirements; material quality standards; schematic layouts and features, functions, characteristics and other conceptual design criteria of the project; cost and budget estimates for design, construction and, if applicable, operation and maintenance; anticipated schedule(s) of design and construction components, including durations and start and completion dates; site development requirements; provisions for utilities; storm water retention and disposal; and parking requirements as may be applicable to the project. Design criteria professional means an individual or firm who holds a current certificate of registration under F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the city for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. 25 Electronic coordination signature means, with respect to the processing of a purchase requisition, the approval of the requisition by means of a password-protected and coded authorization transmitted by computer. Invitation to bid includes invitations to bid, requests for proposals, and solicitations for quotations from vendors. The term also includes re-advertising for bids. Lowest responsible bid or lowest responsible quotation means the lowest bid or quotation received that best responds in quality, fitness and capacity to the requirements of the proposed work or usage, as specified, from a vendor deemed responsible and responsive to the invitation to bid or solicitation for a quotation. In determining the lowest responsible bid or quotation, the following shall be considered, in addition to price: (1) The quality of commodities or services offered; (2) The ability, capacity and skill of the vendor to perform the contract or provide the commodities or services required; (3) Whether the vendor can perform the contract or provide the commodities or services promptly, or within the time specified, without delay or interference; (4) The sufficiency of the vendor's financial resources and the effect thereof on the vendor's ability to perform the contract or provide the commodities or services; (5) The character, integrity, reputation, judgment, experience and efficiency of the vendor; (6) The quality of vendor's performance on previous orders or contracts for the city; (7) Litigation by the vendor on previous orders or contracts with the city; (8) Compliance by the vendor with federal, state and local laws and ordinances relating to the subject of the purchase or contract; (9) The ability of the vendor to provide future maintenance and service where such maintenance and service is essential; (10) Internal cost of vendor's proposal, including any additional expenditure required by the city to complete the project or purchase; and (11) Life cycle costs, including costs of purchase, maintenance, and disposal, less residual value over the expected life of the product. Public works contracts means all contracts involving construction for the city. Any construction involving a project related to but not included in a project for which the city has contracted is not exempt from the competitive bidding procedure as set forth in this division, notwithstanding its relationship to a project which has previously been bid upon. Purchase includes a purchase or a lease of more than one year. Purchasing agent means the city manager or any employee of the city to whom the city manager has delegated some or all of the duties of the office. 26 Service means labor rendered for the benefit of the city or the public at large pursuant to a contract with the city. As used herein, unless the context clearly indicates otherwise, the term includes but is not limited to public works contracts. Standardization means criteria utilized to support the purchase of specified product(s) or product lines; to include training, service support, repair parts availability and cost, and relationship to current inventory. Vendor means a prospective vendor who submits a bid, a proposal, or a quotation for the sale of a commodity or service to the city in response to an invitation to bid/quote. Sec. 2.542. - System adopted. In order to establish efficient procedures for the acquisition or use of commodities, services, and public works projects; at the lowest possible cost commensurate with quality needed; to exercise positive financial control over purchases; to clearly define and implement the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted as provided in this division. Sec. 2.543. - Centralized purchasing office. There is hereby created a centralized purchasing office. Sec. 2.544. - Purchasing agent. The city manager is the purchasing agent for the city, with ultimate responsibility under the charter. The city manager may delegate some or all of the purchasing authority, except the authority to make the final decision, to any city employee. The city manager shall have the authority to do as follows: (1) Purchase or lease or contract for the purchase or lease of commodities or services required for or by the city, in accordance with purchasing procedures prescribed by this division and in accordance with such administrative policies and procedures as the city manager may prescribe for internal management and operation of the purchasing office; (2) Negotiate and recommend execution of contracts for the purchase of commodities or services; (3) Act to procure for the city the needed quality in commodities or services at least expense; (4) Discourage uniform bidding and encourage full and open competition on all purchases; (5) Prepare revisions and amendments to the purchasing regulations set forth herein, as necessary, and recommend such revisions and amendments to the city commission; (6) Prepare policies and procedures governing the purchase of commodities or services for the city; 27 (7) Keep informed of current developments in the field of purchasing, prices, market conditions and new projects; (8) Prescribe and maintain such forms as may be reasonably necessary to the operation of this division and other rules and regulations; (9) Supervise the inspection of all commodities and services purchased to ensure conformance with specifications; (10) Transfer surplus commodities between departments as needed; (11) Maintain a vendors list, vendors catalog file and records needed for the efficient operation of the purchasing office; (12) Conduct all sales of excess property which the city commission may authorize to be sold as having become unnecessary or unfit for the city's use; (13) Donate or dispose surplus property with a current market value of less than the fixed asset control level. Sec. 2.545. - Submittal of requests to purchase commodities or services. Departments shall submit electronically requests to purchase commodities or services to the purchasing agent on purchase requisition forms or by other means as may be prescribed by the purchasing office. The department director's signature or the signature of the department director's designated representative, or electronic coordination on the requisition indicates that funds are available for the purchase; that the requisition has been coordinated and approved within that department or other departments as necessary; that the quantities, item descriptions and specifications described the minimum needs of that department; and that the purchasing agent is authorized to acquire the commodities or services. Sec. 2.546. - Purchase orders or contracts to be used. Purchases of commodities and services shall be made only by purchase orders and/or other written contract executed by the purchasing agent. Except as otherwise provided in this division, no purchase order shall be issued unless the prior approval of the city manager has been obtained. The purchase order authorizing the expenditure of funds shall be signed by the purchasing agent. Construction contracts exceeding $50,000.00 shall be made by both purchase order and written contract. Sec. 2.547. - Vendors list. The purchasing agent is authorized to maintain a list of vendors for the purpose of mailing notices inviting bids or requests for proposals or soliciting quotations from time to time. A vendor who desires to be included on the vendors mailing list shall complete and submit a vendor's application. The Public Works Administration project "Pre- qualified Contractor's List" will be maintained by public works. Contractors who desire to be included in the public works project bidding process shall complete and submit the pre-qualification requirements to Public works. Subdivision II. - Purchase of Commodities, Services, and Public Works Contracts[27] 28 Sec. 2.561. - Purchases over $50,000.00. Except as otherwise provided in this division, the purchase of commodities or services of an estimated value over $50,000 shall be by purchase order and/or other written contract with the vendor submitting the lowest responsible bid whose bid has been solicited, received and approved, pursuant to the following procedures: (1) Notice inviting bids. (a) Notices inviting bids for commodities and services shall be published at least one time in a newspaper of general circulation within the city and shall include a general description of the commodities or services to be purchased, a statement of where the bid documents may be obtained, and the date, time, and place of the public opening of bids. The publication shall be not less than ten calendar days before the bid opening date. Sealed bids shall also be solicited from responsible prospective vendors including those on the registered vendor's list. (b) Notices inviting bids for construction projects where the cost of the project is more than $200,000.00 shall be publicly advertised at least once in a newspaper of general circulation within the county where the project is located at least 21 days prior to the established opening date and at least five days prior to any scheduled pre-bid conference. Construction projects exceeding $500,000.00 shall be publicly advertised at least once in a newspaper of general circulation in the county where the project is located at least 30 days prior to the established bid opening and at least five days prior to any pre-bid conference. (2) Security (bid bonds). When the estimated cost of a public works contract is $150,000.00 or higher, or when otherwise deemed necessary by the city manager, security in the form of a bid bond issued by a surety company licensed to do business in Florida or a cash bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. A vendor shall forfeit a bid security upon a refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract. The city commission may, upon the refusal or failure of the successful vendor to execute the contract, award the contract to the next lowest vendor. In such event, the amount of the lowest vendor's bid security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. (3) Bid opening procedures. Sealed written bids shall be returned to the city and identified as bids on the envelope, together with other information as may be specified in the invitation to bid. Bids shall be opened in public on the date and at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. (4) Rejection of bids. The city manager may: (a) Reject all bids; or 29 (b) Reject all bids and re-advertise for bids, pursuant to the procedure prescribed in this section. (c) Reject all bids and direct that the project or service in question be performed by city forces upon determining that the project or service can be timely performed for an amount less than each of the bids submitted. (5) Award of contracts. Contracts exceeding $100,000.00 shall be awarded by the city commission to the lowest responsible vendor. Contracts of $100,000.00 or less shall be awarded by the city manager, assistant city manager and may be further delegated to the purchasing manager. (6) Performance and payment bonds. A performance bond and a payment bond, or a "contract bond" combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering into a contract, in an amount at least equal to the contract price or such higher amount as may be found reasonably necessary to protect the best interests of the city except, in limited circumstances, such as incremental services contracts or blanket purchase orders, where it has been determined by the department director that the potential liability resulting from the performance or payment under the contract is an amount less than the full contract price. The department director shall obtain the approval of the city manager to require a bond for less than the full contract price before proceeding with the bid process. If such bond is required, the form and amount of the bond shall be described in the notice inviting bids. Bonds required hereunder shall be subject to all other provisions of this section and the Code. (7) Security in lieu of performance and payment bonds. in lieu of the bond required by this section, a contractor may file with the city, an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in Part II, Chapter 625 of the Florida Statutes. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required hereunder. The determination of the value of the alternative form of security shall be made by the appropriate representative of the city as described above. (8) Change orders. Any change in the contract price, scope of work or time for completion of any project following the award of a contract shall be by a written change order, approved by the city commission and executed with the same formalities as the contract. However, the city manager may approve and execute change orders without city commission approval subject to the following limitations: (a) Contract price increases may be approved to a total award of $100,000.00 for any contract with the same approval authority as (5) above. The city manager may approve any increase of contract up to a maximum of ten percent over the most recent award of the city commission. The scope of any project may not be changed without prior approval of the city 30 commission. No contract price increase shall be approved unless there are sufficient funds available for such purpose. (b) Contract price decreases may be approved without limitation. (c) The time for completion may not be extended by more than 60 days, in any one change or cumulatively for the same project, beyond the most recent commission-approved contract completion time. (d) No change order shall change the scope of the work unless approved by the city commission. (e) City manager approved contracts may not exceed ten percent cumulatively, inclusive of all change orders. Sec. 2.562. - Purchases for $50,000.00 or less. Except as otherwise provided in this division, purchases of commodities or services of a value of $50,000.00 or less, may be made in the open market, pursuant to the following procedure and without observing the procedure prescribed in section 2.561: (1) Minimum number of quotations. Open market purchases shall be based on at least three quotations and shall be awarded to the vendor making the lowest responsible quote. (2) Notice inviting quotations. Quotations shall be solicited either by written request, which may include facsimile transmission, electronic mail or by telephone. (3) Sealed written quotations. Sealed written quotations received in response to written solicitations for quotations shall be submitted to the purchasing agent who shall keep a record of all open market orders and quotes. (4) Written quotation opening procedures. When formal written quotations are requested and received, the quotations shall be opened in public at the time and place designated by the purchasing agent. (5) Rejection of quotations. The city manager as purchasing agent may: (a) Reject all quotations; or (b) Reject all quotations and re-obtain quotations pursuant to the procedures prescribed in this subdivision. (6) Award of contracts. Except as otherwise provided in this division, each contract shall be awarded to the lowest responsible vendor. Sec. 2.563. - Disqualification of apparently lowest responsible bid or quotation. An apparently lowest responsible bid or quotation may be disqualified as such and the bid may be rejected if it is determined by the purchasing agent that any or all of the following circumstances exist: (1) A bid or quotation submitted by a vendor did not strictly conform to the required specifications; provided, however, the city reserves the right to waive 31 inconsequential deviations from the specifications where a change does not result in an increase in price to the city. (2) A vendor has demonstrated, through documented performance in the industry or through prior dealings with the city, to have been unable to satisfactorily meet the responsibilities required of a successful low bidder. (3) A vendor's product has been demonstrated, through documented performance in the industry, or through prior use by the city, to be incapable of satisfactorily meeting the accepted demands to be placed upon the product. (4) A vendor's product that is different from the city's standard. Vendors who submitted a bid or quotation and were not selected may appeal the decision of the purchasing manager through use of the bid protest procedures, a copy of which shall be available in the purchasing office. Protesting vendor must include a fee of five percent of the selected vendors total bid to offset the city's additional expenses related to the protest. This fee shall not exceed $2,500 nor be less than $50. Full refund will be provided should the protest be upheld. No partial refunds will be made. Sec. 2.564. - Exceptions to bid and quotation procedure. (1) The bidding requirements set forth in this subdivision may be waived when one of the following conditions exists: (a) A department director certifies via electronic coordination of the purchase requisition describing to the purchasing agent that an emergency exists in regard to the purchase of any commodity or service and that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the city. The responsible department director shall provide a detailed summary outlining the facts demonstrating the existence of an emergency. Upon determining that an emergency exists the purchasing agent may authorize the purchase. Emergency purchases that exceed the purchasing agent's authority must be approved by the city commission at the earliest regular or special public meeting thereafter. (b) Commodities or services are available only from a sole source, after determination by the purchasing agent upon review of written summary of facts from the department director requesting the purchase. (c) The amount of the purchase is $2,500.00 or less. (d) It is to the advantage of the city to purchase commodities or services in cooperation with another governmental entity in Florida or to purchase commodities or services from contracts previously awarded by other governmental entities as recommended by the department director or designee. (e) The purchasing agent determines that the nature of the commodity or service is such that competitive bidding is impossible, impractical, or cannot be obtained as recommended by the requesting department director. (f) Professional services subject to the Florida Consultants Competitive Negotiations Act. 32 (g) Services rendered by health services including mental health; legal services including paralegal, expert witness, appraisal or mediator services; auditors; academic and lecturers; or services provided by persons with mental or physical disabilities under not-for-profit corporations. (h) Commodities or services purchased by the city or its representatives when necessary to the prosecution or defense of any claim or lawsuit in which the city is a party or in which it is anticipated by the city attorney, the risk manager, or the third party administrator of the city's self-insurance program that the city will become a party. (i) Commodities or services purchased by the city or its representatives when necessary to comply with Chapter 440, Florida Statutes (Florida Worker's Compensation Law), or when necessary to the defense of any worker's compensation claim asserted against the city. (j) Contracts of insurance. (k) Purchase of construction materials included in the scope of an awarded construction contract in order to realize sales tax savings, in accordance with Section 212.08(6), F.S. (l) Purchasing bid/quotation requirements may be suspended for a period (to be determined by the emergency condition) upon declaration of emergency by the city manager. Awards of contract may be delegated in writing to any designee in the amount not to exceed $100,000.00. (2) Purchases over $100,000.00 made pursuant to this section shall be submitted to the city commission for approval. Sec. 2.565. - Reserved. Subdivision III. - Reserved Subdivision IV. - Outline Procedures for Awarding Design-Build Contracts Sec. 2.601. - Award of design-build contracts. (1) Purpose. This ordinance establishes uniform rules for the procurement and administration of design-build contracts for construction projects as contemplated by F.S. § 287.055. (2) Selection of the design criteria professional. The design criteria professional shall be selected and contracted in accordance with the requirements of F.S. § 287.055(4) and (5), unless he or she is an employee of the city. The design criteria professional that prepares the design criteria package will not be eligible to render services under the design-build contract. (3) Design criteria package requirements. A design criteria package shall be prepared for the city by the design criteria professional. It shall specify performance criteria for the project including, but not limited to, size, net interior space provisions, location, material quality standards, cost, construction schedule, site development 33 requirements, landscaping, grading, utility provisions for water, power, telephone, storm water disposal and parking provisions. The purpose of the package is to furnish sufficient information upon which firms may prepare bid proposals or upon which negotiations may be based. The firm to whom the design-build contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package. (4) Minimum qualification requirements for firms providing design-build services. Firms must be qualified pursuant to rules of qualification for bid submittals found in Division 3, Purchasing, of the Code of Ordinances. (5) Public announcement procedures. The city shall publicly request, in a newspaper of general circulation and by posting notice at its offices, competitive proposals from design-build firms. The request shall provide a general description of the project and define procedures on how interested qualified firms may apply for consideration. (6) Certification and competitive selection. (a) The city shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff training and experience, firm experience, location, volume of past contracts with the agency, financial capacity, past performance, and current and projected workloads. In making its determination the city shall interview no less than three firms to determine the firms' ability to provide services and commitment to meet time and budget requirements. (b) The city shall select no less than three nor more than six firms deemed to be most highly qualified to perform the required services, after considering the factors in (1) above. Each of these firms will be eligible for consideration in accordance with subsections (g) or (h), infra. (c) The city may determine that it is in the best interest of the city to negotiate instead of inviting competitive proposals when: i. The project is one with standard requirements such as an office building or a storage warehouse; or ii. The project requires special expertise; or iii. There is a need to complete the project on an accelerated schedule. (d) When the city determines in writing that an emergency exists, a firm shall be selected by competitive negotiation under subsection (h), infra. (7) Competitive proposals for design-build services. (a) Unless negotiation is authorized, proposals will be received from those qualified firms determined eligible under subsection (f), supra. Proposals shall include proposed price and a conceptual design in response to the design criteria package. The city shall establish a relative weighing factor, that is, a maximum permissible score in the form of a percentage, for each proposed building system component of the design criteria package. The weighing factors shall total 100 percent. The city shall review the conceptual design proposed by 34 each firm and give each component a score somewhere between zero and the maximum permissible score (the weighing factor) for the component. (b) The city will then total the score given for each proposed component and divide that score into the price proposed. The quotient will be the adjusted price. The low qualified proposer will then be that proposer whose adjusted price is lowest. The city shall approve an award to the firm with the lowest adjusted price and enter into a contract for the proposed price if the price is within the project budget. (8) Competitive negotiation for design-build services. (a) If negotiation is authorized, the city shall select no less than three firms in order of preference from those deemed to be most qualified to perform the required services under subsection (e), supra. In making its determination the city shall interview no less than three firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each firm's approach to managing and scheduling the project. The city will then attempt to negotiate a contract with the most qualified firm. (b) When authorized, the city shall negotiate and enter into a contract for design- build services for the project with the firm authorized at compensation determined to be fair, competitive and reasonable. In making the determination, the city shall analyze the cost of the design-build services required, giving full consideration to the scope and complexity of the project. The compensation shall be on a guaranteed maximum price basis for all costs, which shall include reimbursable costs plus fixed lump sum fees for design, project management, overhead and profit. (c) Should the city be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the city determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The city shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the city shall then undertake negotiations with the third most qualified firm. (d) Should the city be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this section. Negotiations shall continue in accordance with this section until an agreement is reached. (e) The award of a negotiated contract shall be approved by the City. (9) Public emergency exception. In the case of public emergencies, the city may declare an emergency and authorize negotiations with the best-qualified design- build firm available at that time. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, accidents or any circumstances or cause beyond the control of the city in the normal conduct of its business) where the delay incident to publication of the announcement and competitive proposals would result in an immediate danger to the public health, safety or welfare or other substantial loss to the city. 35 Sec. 2.602. - Procurement of construction management services. If the city manager determines that it is in the best interest of the city to proceed with a city council's construction project using the services of a construction manager, who will hold all contracts of the general contractor and subcontractors, then those services may be procured by means other than the procedures specified in this division. The purchasing manager is authorized to prepare the alternate procedures, which shall be included in the purchasing procedures which are approved by the city council by resolution from time to time. Secs. 2.603—2.608. - Reserved. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 2: Division 4 of Article VI, Chapter 2, Code of Ordinances, is amended as follows: DIVISION 4. DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY Sec. 2.621. Definitions. Terms not defined in this section shall have the meaning customarily assigned to them. Otherwise, the following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Tangible personal property means all goods, fixtures, furniture, equipment, and other items of value capable of manual possession and whose chief value is intrinsic to the item itself. This term does not include real property. Sec. 2.622. Surplus sales officer. (1) The city manager is the surplus sales officer. The city manager may delegate some or all of this authority to any other city employee, except as to those matters which, under the charter or this article, are the express responsibility of the city manager. (2) The surplus sales officer or designee shall develop, implement, and administer procedures for the disposal of tangible personal property in accordance with applicable laws and regulations. Said procedures shall include provisions for the keeping of records regarding authorization of the disposal of any tangible personal property. 36 Sec. 2.623. Disposal and disposition of surplus tangible personal property. (1) The surplus sales officer may classify as surplus any tangible personal property owned by the city, provided that such property is not otherwise lawfully disposed, when that property is determined to be obsolete, or the continued use of the property is uneconomical or inefficient, or the property serves no useful function to the city. (2) Tangible personal property that is excess to department needs must enter the surplus disposal process and shall be disposed in the manner prescribed by F.S. Ch. 274. (3) Initial efforts will be made to redistribute any tangible personal property to other city facilities or departments. (4) In accordance with F.S. § 274.06, after the initial efforts to redistribute are exhausted, tangible personal property may be disposed as follows: (a) If the property is without commercial value, it may be donated, destroyed, traded, abandoned, or otherwise disposed at the discretion of the surplus sales officer. (b) If the market value of the property to be disposed is not estimated to exceed the current fixed asset control level, it may be donated, destroyed, abandoned, or otherwise disposed at the discretion of the surplus sales officer. (c) At the discretion of the surplus sales officer, tangible personal property may be offered without bids to the state, any governmental unit, or any political subdivision of the state. (5) Tangible personal property not disposed by the methods described in sections 2.623(3) or 2.623(4), and valued at five thousand dollars ($5,000) or less, whether single item or batch of common bulk items shall be sold through public auction or open market sales, pursuant to the following procedure: (a) Minimum number of bids. Open market sales shall, whenever possible, be based on at least three (3) bids and shall be awarded to the highest responsible bidders. (b) Notice inviting bids. Bids shall be solicited either by written request to prospective buyers or by telephone. (c) Rejection of bids. The surplus sales officer may: (1) Reject all bids; or 37 (2) Reject all bids and reobtain bids pursuant to the procedures prescribed in this section. (d) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus property as authorized by this subsection (5) shall be awarded by the city manager to the highest responsible bidder. (6) Tangible personal property not disposed by the methods described in sections 2.623(3) or 2.623(4), and valued at more than five thousand dollars ($5,000), whether single item or batch of common bulk items shall be sold through public auction or open market sales, pursuant to the following procedure: (a) Notice inviting bids (open market only). Notices inviting bids shall be published and shall include a general description of the items to be sold, shall state where bid blanks and all specifications may be obtained, and shall state the time and place for opening of bids. (b) Bid opening procedures (open market only). Sealed written bids shall be returned to the procurement division and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. (c) Rejection of bids (open market only). The surplus sales officer may: (1) Reject all bids; or (2) Reject all bids and readvertise for bids pursuant to the procedures prescribed in this section. (d) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus property as authorized by this subsection (6) shall be awarded by the city council to the highest responsible bidder. (7) The bidding requirements set forth in this division may be waived when one or more of the following conditions exist: (a) The market value of items to be disposed is not estimated to exceed the current fixed asset control level and may be disposed as the surplus sales officer deems necessary. (b) The surplus sales officer determines that the items can be sold or otherwise disposed through only one source. 38 (c) Local, state, or federal law requires that the items be disposed via public auction. (d) The surplus sales officer determines that a donation to charitable/not-for- profit organizations is in the best interest of the city. (e) The department director recommends trade-in as being in the best interest of the city. (8) When authorized or required, the surplus sales officer may utilize the services of auctioneers at city facilities, provider facilities, or online auctions. (9) When the tangible personal property being disposed was purchased through a federal, state, or other grant or award, the surplus sales officer shall ensure that any disposal requirements contained in the grant or award are met. (10) When property being disposed includes electronic equipment with data storage capabilities, disposal shall be through a provider capable of ensuring and providing a certificate of complete data destruction for such equipment. Sec. 2.624. Reserved. DIVISION 4. - SALE OF SURPLUS PERSONAL PROPERTY Sec. 2.621. - Surplus sales officer. The city manager shall be the surplus sales officer. He shall have the power to delegate some or all of his authority to any other city employee, except as to those matters which, under the charter or this article, are the express responsibility of the city manager. Sec. 2.622. - Surplus sales over $5,000. Except as otherwise provided in this division, following authorization by the city commission, the sale of an item or of common bulk items of an estimated value greater than $5,000.00 shall be through public auction or open market pursuant to the following procedure: (1) Notice inviting bids (open market only). Notices inviting bids shall be published and shall include a general description of the items to be sold, shall state where bid blanks and all specifications may be obtained, and shall state the time and place for opening of bids. (2) Bid opening procedures (open market only). Sealed written bids shall be returned to the city and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. 39 (3) Rejection of bids (open market only). In the sale of surplus personal property, the city manager as surplus sales officer may: (a) Reject all bids; or (b) Reject all bids and readvertise for bids pursuant to the procedures prescribed in this section. (4) Award of contracts. Except as otherwise provided in this division, contracts for the sale of surplus personal property shall be awarded by the city commission to the highest responsible bidder. Sec. 2.623. - Surplus sales under $5,000. Except as otherwise provided in this division, following authorization by the city manager, the sale of an item or of common bulk items of an estimated value of $5,000 or less may be made through public auction or open market, pursuant to the following procedure and without observing the procedure prescribed in section 2.622: (1) Minimum number of bids. Open market sales shall, whenever possible, be based on at least three bids and shall be awarded to the highest responsible bidder. (2) Notice inviting bids. Bids shall be solicited either by written request to prospective buyers or by telephone. (3) Rejection of bids. The city manager as surplus sales officer may: (a) Reject all bids, or (b) Reject all bids and reobtain bids pursuant to the procedure prescribed in this section. (4) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus personal property authorized by this section shall be awarded to the highest responsible bidder. Sec. 2.624. - Exceptions to auction sale bidding procedures. The bidding requirements set forth in this division may be dispensed with when one or more of the following conditions exist: (1) The market value of items to be disposed of is not estimated to exceed the current fixed asset control level, and may be disposed of as the city manager deems necessary. (2) It is to the advantage of the city to sell the items to or otherwise dispose of them in cooperation with another governmental entity. (3) The surplus sales officer determines that the items can be sold or otherwise disposed of through only one source. (4) Local, state or federal law requires that the items be disposed of via public auction. 40 (5) The city manager determines that a donation to charitable/not-for-profit organizations is in the best interest of the city. (6) The department director or designee may recommend trade-in as being in the best interest of the city. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 3: Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section 4: This Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9097 Agenda Date: 5/6/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-21. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 Resolution No. 21-21 RESOLUTION NO. 21-21 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – May 6, 2021 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December 2, confirmed by City Council in Resolution 20-62 on December 3, extended 7 days by Mayor Frank Hibbard on December 9 and 16, confirmed by City Council in Resolution 20- 63 on December 17, extended 7 days by Mayor Frank Hibbard on December 23, 30, 2020, January 6, 13, and 20, 2021, confirmed by City Council in Resolution 21-01 on January 21, extended 7 days by Mayor Frank Hibbard on January 27 and February 3, confirmed by City Council in Resolution 21-05 on February 4, extended 7 days by Mayor Frank Hibbard on February 10 and 17, confirmed by City Council in Resolution 21-07 on February 18, extended 7 days by Mayor Frank Hibbard on February 24 and March 3, confirmed by City Council in Resolution 21-11 on March 4, extended 7 days by Mayor Frank Hibbard on March 10 and 17, 2021, confirmed by City Council in Resolution 21-12 on March 18, Resolution No. 21-21 extended 7 days by Mayor Frank Hibbard on March 24, 31, April 7 and 14, confirmed by City Council in Resolution 21-14 on April 15, and extended 7 days by Mayor Frank Hibbard on April 21 and 28, 2021; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with several vaccines widely available; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and Resolution No. 21-21 WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and Resolution No. 21-21 WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and Resolution No. 21-21 WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID- 19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and WHEREAS, on December 29, 2020 Governor Ron DeSantis issued Executive Order 20-316 extending the statewide state of emergency an additional 60 days; and WHEREAS, on January 21, 2021, Pinellas County Administrator Barry Burton issued Emergency Order 21-3 regulating Outdoor Large-Scale Special Events by developing safety standards for those events with 1,000 or more attendees and requiring organizers to create a safety plan that outlines steps to protect patrons from COVID-19; and WHEREAS, on February 26, 2021 Governor Ron DeSantis issued Executive Order 21-46 (Vaccine Administration/Protecting Florida’s Seniors) restricting the administration of Resolution No. 21-21 any COVID-19 vaccine to long-term care facility residents and staff, persons 65 years of age and older, and health care personnel with direct patient contact; and WHEREAS, on March 9, 2021 Governor Ron DeSantis issued Executive Order 21- 62 (Amending Executive Order 20-315 - Vaccine Administration/Protecting Florida's Seniors) expanding the administration of any COVID-19 vaccine to those populations listed in EO 21-46 and K-12 school employees 50 years of age and older, sworn law enforcement officers 50 years of age and older, and firefighters 50 years of age and older; and WHEREAS, on March 10, 2021 Governor Ron DeSantis issued Executive Order 21- 65 (Clemency Order Regarding Remission of Fines) remitting any fines imposed between March 1, 2020 and March 10, 2021 by any political subdivision of Florida related to local government COVID-19 restrictions; and WHEREAS, on March 19, 2021 Governor Ron DeSantis issued Executive Order 21- 67 (Amending Executive Order 20-315 - Vaccine Administration/Protecting Florida's Seniors) expanding the administration of any COVID-19 vaccine to those populations listed in EO 21-46, 21-47, and 21-62 to include long-term care facility residents and staff, persons 50 years of age and older, and health care personnel with direct patient contact; and WHEREAS, on March 26, 2021 Governor Ron DeSantis issued Executive Order 21- 79 (Amending Executive Order 20-315 - Vaccine Administration/Protecting Florida's Seniors) expanding the administration of any COVID-19 vaccine to those populations listed in EO 21-46, 21-47, 21-62, and 21-67 to include persons 40 years of age and older effective March 29, 2021, and opening up vaccination eligibility to all Floridians on April 5, 2021; and WHEREAS, on April 2, 2021 Governor Ron DeSantis issued Executive Order 21-81 (Prohibiting COVID-19 Vaccine Passports) restricting any Florida government entity from issuing vaccine passports and prohibiting businesses in Florida from requiring patrons or customers to provide documentation certifying COVID-19 vaccination status to gain entry or service from the business; and WHEREAS, on April 27, 2020 Governor Ron DeSantis issued Executive Order 21- 94 (Emergency Management - Extension of Executive Order 20-52-COVID-19) extending the statewide state of emergency an additional 60 days; and WHEREAS, on May 3, 2020 Governor Ron DeSantis issued Executive Orders 21- 101 and 21-102 (“Invalidating All Remaining Local Emergency Orders Based on the COVID-19 Emergency” and “Suspending All Remaining Local Government Mandates and Restrictions Based on the COVID-19 State of Emergency”) which prohibit Florida counties and municipalities from imposing restrictions or mandates upon individuals and businesses due to the COVID-19 emergency; and WHEREAS, as of May 6, 2021 2,211,728 Florida residents (2,253,929 total cases in Florida including non-residents), including 136,897 in Hillsborough County (including 1,725 deaths), 38,541 in Manatee County (including 671 deaths), 41,197 in Pasco County Resolution No. 21-21 (including 753 deaths), and 79,355 in Pinellas County (including 1,619 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The April 21, 2021 state of emergency proclamation is hereby confirmed. Section 2. The April 28, 2021 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 6th day of May, 2021. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9157 Agenda Date: 5/6/2021 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Chickens - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/6/2021 l' evd 5/ colli a.,t.... s,,, Ft' i...:: a. [ u.& , E.Ai. az ... v'& ,< z E g ., d TR. Y' r."$'° e,^.;1;$,,•-'' t_ _ .. v.,. _ k.. „ § s . yyF..., §. i? . <._ e.. .<. z ter,. +. a . x ` 6 t . h<, a. a .. ¢ !, ai E$.. * AM 5 .::" 3i._' :: < ri T 3h''. ,' i S .: Cz' Pinellas County ( unincorporated) Y 138- 3351 Backyard Chickens Code Enforcement l' 4. s x.d'y! r,..+ allows 4 chickens in certain residential zoned ; not on multifamily properties; St. Petersburg Y 4- 31 Keeping fowl in the City Code Enforcement allow 10 chickens w coop size requirements and distance from others Clearwater N 8. 03 Police NONE Largo y 5- 4 Fowl running at large; keeping of backyard fowl requirements. Code Enforcement 12 per single family residence; not on multi - family properties Pinellas Park Y 5- 206 Animal Kept in Residential Zoning Districts Code Enforcement 4 per single family lot Tarpon Springs Y 4- 3 Residential Property Code Enforcement under Police 4 per single family property; coop size and location restrictions Gulfport y 7- 78 Regulation of Fowl g 10 securely fences in back yard Treasure Island N 6- 1 Keeping certain animals and fowls prohibited NONE Kenneth City y 14- 1 Feeding and ownership of birds and animals Code Enforcement under Police 4 chicken in coop or run Belleair Y Code Enforcement under Police 5 domestic animals; hens; kept in pen, requires permit from town manager; no roosters Redington Shores N General ordiance against fowling the air and noise no. without permit Indian Shores NA Bird Sanctuary Not addressed Dunedin y not at large; permits enclosure for fowl not allowed to be a nuisance to abutting properties Safety Harbor Y 4. 02 Restrictions 4 chickens detached single family residence; covered enclosure in fenced yard Belleair Bluffs N 76- 5 Prohibited farm animals, wild animals and foul NONE North Redington Beach N 14- 1 Certain animals prohibited NONE Belleair Beach N NONE Indian Rocks Beach N 10- 4 Keeping livestock and pultry prohibited NONE St Pete Beach N NONE Madiera Beach N NONE Redington Beach NA Not addressed Seminole Y allows chickens; does not prohibit roosters l' evd 5/ colli